HB 2229
AN ACT relating to the expunction of arrest records and files by a
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Expands and clarifies the process for expunging arrest records in Texas, allowing individuals to more easily clear their arrest records in certain circumstances. Specifically, the legislation enables statutory county courts to expunge arrest records for offenses within their jurisdiction and creates additional pathways for individuals to file expunction petitions, including allowing close relatives to file on behalf of a deceased person who would have been eligible. The bill provides a standardized process for filing expunction petitions, including required documentation and a $100 filing fee, and applies to arrest records from offenses occurring before, on, or after the effective date of September 1, 2025.
Subject Areas
Bill Text
relating to the expunction of arrest records and files by a BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 55A.101, Code of Criminal Procedure, is amended by amending Subsection (a) and adding Subsection (c) to (a) Except as provided by Article 55A.151 and subject to Subsections [Subsection] (b) and (c), a district court, a justice court, [or] a municipal court of record, or a statutory county court may expunge all records and files relating to the arrest of a person (A) tried for the offense for which the person (B) convicted of the offense; and (C) acquitted by the court of criminal appeals or, if the period for granting a petition for discretionary review has expired, by a court of appeals; or (2) an office of the attorney representing the state authorized by law to prosecute the offense for which the person was arrested recommends the expunction to the court before the person is tried for the offense, regardless of whether an indictment or information has been presented against the person with respect to (c) A statutory county court may only expunge records and files under Subsection (a) that relate to the arrest of a person for an offense that is subject to the jurisdiction of a statutory county SECTION 2. Article 55A.201(a), Code of Criminal Procedure, (a) At the request of the acquitted person and after notice to the state, or at the request of the attorney representing the state with the consent of the acquitted person, an expunction order shall be entered, not later than the 30th day after the date of the acquittal, for a person entitled to expunction under Article (1) the trial court presiding over the case in which the person was acquitted, if the court is: (C) a municipal court of record; or (D) a statutory county court; or (2) a district court in the county in which the trial SECTION 3. Article 55A.202(a), Code of Criminal Procedure, (a) In a case in which a person is entitled to expunction under Article 55A.003, an expunction order shall be entered, not later than the 30th day after the date the court receives notice of the applicable pardon or other grant of relief, for the person by: (1) the trial court presiding over the case, if the (C) a municipal court of record; or (D) a statutory county court; or (2) a district court in the county in which the trial SECTION 4. Article 55A.251, Code of Criminal Procedure, is Art. 55A.251. FILING OF PETITION. A person who is entitled to expunction of records and files under Article 55A.002, 55A.004, or 55A.005 or Subchapter B, or a person who is eligible for expunction of records and files under Article 55A.101, may, subject to Articles [Article] 55A.252 and 55A.2525, file an ex parte petition for expunction in a district court for the county in which: (1) the petitioner was arrested; or (2) the offense was alleged to have occurred. SECTION 5. Subchapter F, Chapter 55A, Code of Criminal Procedure, is amended by adding Article 55A.2525 to read as Art. 55A.2525. FILING CERTAIN PETITIONS IN STATUTORY COUNTY COURT. If the arrest for which expunction is sought is for an offense that is subject to the jurisdiction of a statutory county court, a person who is entitled to expunction of records and files under Article 55A.002 or a person who is eligible for expunction of records and files under Article 55A.101(a) may file an ex parte petition for expunction in a statutory county court in the county in (1) the petitioner was arrested; or (2) the offense was alleged to have occurred. SECTION 6. Article 55A.253, Code of Criminal Procedure, is Art. 55A.253. CONTENTS OF PETITION. An ex parte petition filed under Article 55A.251, 55A.252, 55A.2525, or 55A.257 must be verified and must include, with respect to the person who is the subject of the petition, the following or an explanation for why one or more of the following is not included: (F) social security number; and (G) address at the time of the arrest; (3) the date the offense charged was alleged to have (5) the name of the county of arrest and if the arrest occurred in a municipality, the name of the municipality; (6) the name of the arresting agency; (7) the case number and court of offense; and (8) together with the applicable physical or e-mail (A) law enforcement agencies, jails or other detention facilities, magistrates, courts, attorneys representing the state, correctional facilities, central state depositories of criminal records, and other officials or agencies or other entities of this state or of any political subdivision of this state; (B) central federal depositories of criminal records that the person who is the subject of the petition has reason to believe have records or files that are subject to (C) private entities that compile and disseminate for compensation criminal history record information that the person who is the subject of the petition has reason to believe have information related to records or files that are SECTION 7. Article 55A.255, Code of Criminal Procedure, is Art. 55A.255. ENTRY OF EXPUNCTION ORDER. If the court finds that the person who is the subject of an ex parte petition filed under Article 55A.251, 55A.252, 55A.2525, or 55A.257 is entitled to expunction of any records and files that are the subject of the petition, the court shall enter an order directing SECTION 8. Article 55A.258(b), Code of Criminal Procedure, (b) A close relative of a deceased person who, if not deceased, would be entitled to expunction of records and files under Subchapter A, B, or C may file on behalf of the deceased person an ex parte petition for expunction under Article 55A.251, [or] 55A.252, or 55A.2525 or an application for expunction under Article 55A.256, as applicable. If the court finds that the deceased person would be entitled to expunction of any record or file that is the subject of the petition, the court shall enter an SECTION 9. Article 102.006(a-1), Code of Criminal Procedure, is amended to read as follows: (a-1) In addition to any other fees required by other law and except as provided by Subsection (b), a petitioner seeking expunction of a criminal record in a justice court, [or] a municipal court of record, or a statutory county court under Chapter 55A shall pay a fee of $100 for filing an ex parte petition for expunction to defray the cost of notifying state agencies of orders of expunction SECTION 10. Section 25.0003, Government Code, is amended by adding Subsection (g) to read as follows: (g) A statutory county court has concurrent jurisdiction with a district court over expunction proceedings relating to the arrest of a person for an offense that is subject to the jurisdiction of a statutory county court. SECTION 11. The change in law made by this Act applies to the expunction of arrest records and files for any criminal offense that occurred before, on, or after the effective date of this Act. SECTION 12. This Act takes effect September 1, 2025.
Bill Sponsors
Legislators who authored or co-sponsored this bill.
Bill History
Bill filed: AN ACT relating to the expunction of arrest records and files by a
Related Guides
Learn more about tracking Texas legislation and working with lobbyists.
How to Read & Track Texas Bills
Master bill numbering, understand legislative language, and learn effective tracking strategies.
Understanding Texas Legislative Deadlines
Navigate the 140-day session with critical calendar dates and filing deadlines.
How Laws Get Made in Texas
Follow a bill's journey from filing to the governor's desk through committees and floor votes.
When Should Your Business Hire a Lobbyist?
Discover the signs that your business needs professional advocacy at the Texas Capitol.