Bill Text: TX HB1666 | 2025-2026 | 89th Legislature | Introduced


Bill Title: Relating to the expunction of arrest records and files relating to certain nonviolent misdemeanor offenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-12-18 - Filed [HB1666 Detail]

Download: Texas-2025-HB1666-Introduced.html
  89R2944 JRR-D
 
  By: Canales H.B. No. 1666
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the expunction of arrest records and files relating to
  certain nonviolent misdemeanor offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 55A, Code of Criminal
  Procedure, is amended by adding Article 55A.007 to read as follows:
         Art. 55A.007.  FOLLOWING DEFERRED ADJUDICATION COMMUNITY
  SUPERVISION FOR CERTAIN NONVIOLENT MISDEMEANOR OFFENSES. A person
  to whom this subchapter applies is entitled to have all records and
  files related to the arrest expunged if:
               (1)  the person is placed under a custodial or
  noncustodial arrest for a misdemeanor offense other than a
  misdemeanor offense under:
                     (A)  Chapter 483, Health and Safety Code;
                     (B)  Chapter 25, 42, 43, 46, or 71, Penal Code;
                     (C)  Section 48.02, Penal Code; or
                     (D)  Title 5 or 8, Penal Code;
               (2)  the person was placed on deferred adjudication
  community supervision under Subchapter C, Chapter 42A, for the
  misdemeanor offense described by Subdivision (1) for which the
  person was arrested and subsequently received a dismissal and
  discharge under Article 42A.111;
               (3)  the person was not required to register as a sex
  offender under Chapter 62 as a condition of or as a result of the
  person's placement on deferred adjudication community supervision
  as described by Subdivision (2);
               (4)  the person has not been convicted of or placed on
  deferred adjudication community supervision under Subchapter C,
  Chapter 42A, for an offense, other than a traffic offense
  punishable by fine only, committed after the date of the commission
  of the misdemeanor offense described by Subdivision (1) for which
  the person was placed on deferred adjudication community
  supervision as described by Subdivision (2);
               (5)  there are no charges pending against the person
  for the commission of any offense, other than a traffic offense
  punishable by fine only; and
               (6)  a period of not less than five years has passed
  since the date on which the person received the dismissal and
  discharge described by Subdivision (2).
         SECTION 2.  Article 55A.251, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 55A.251.  FILING OF PETITION. (a) 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 Article 55A.252, 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.
         (b)  A person who is entitled to expunction of records and
  files under Article 55A.007 may file an ex parte petition for
  expunction in the court that placed the person on deferred
  adjudication community supervision.
         SECTION 3.  Article 55A.253, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 55A.253.  CONTENTS OF PETITION. (a) An ex parte
  petition filed under Article 55A.251, 55A.252, 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:
               (1)  the person's:
                     (A)  full name;
                     (B)  sex;
                     (C)  race;
                     (D)  date of birth;
                     (E)  driver's license number;
                     (F)  social security number; and
                     (G)  address at the time of the arrest;
               (2)  the offense charged;
               (3)  the date the offense charged was alleged to have
  been committed;
               (4)  the date of arrest;
               (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
  addresses, a list of all:
                     (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
  expunction; and
                     (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
  subject to expunction.
         (b)  In addition to the information required under
  Subsection (a), an ex parte petition filed under Article 55A.251(b)
  must contain a statement that:
               (1)  the person was not required to register as a sex
  offender under Chapter 62 as a condition of or as a result of the
  person's placement on deferred adjudication community supervision
  as described by Article 55A.007(3);
               (2)  the person has not been convicted of or placed on
  deferred adjudication community supervision under Subchapter C,
  Chapter 42A, for an offense, other than a traffic offense
  punishable by fine only, committed after the date of the commission
  of the misdemeanor offense for which the person seeks an order of
  expunction; and
               (3)  there are no charges pending against the person
  for the commission of any offense, other than a traffic offense
  punishable by fine only.
         SECTION 4.  Article 55A.257, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 55A.257.  DEPARTMENT OF PUBLIC SAFETY MAY FILE PETITION
  ON PERSON'S BEHALF. The director of the Department of Public Safety
  or the director's authorized representative may file on behalf of a
  person described by Article 55A.251(a) [55A.251] or 55A.256 an ex
  parte petition for expunction in a district court for the county in
  which:
               (1)  the person was arrested; or
               (2)  the offense was alleged to have occurred.
         SECTION 5.  Article 102.006(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  The fees under Subsection (a) or the fee under
  Subsection (a-1), as applicable, shall be waived if:
               (1)  the petitioner seeks expunction of a criminal
  record that relates to an arrest for an offense of which the person
  was acquitted, other than an acquittal for an offense described by
  Article 55A.151, and the petition for expunction is filed not later
  than the 30th day after the date of the acquittal; or
               (2)  the petitioner is entitled to expunction under any
  provision of Chapter 55A and the court finds that the petitioner is
  indigent.
         SECTION 6.  This Act applies to an expunction of arrest
  records and files relating to any misdemeanor offense that was
  committed before, on, or after the effective date of this Act.
         SECTION 7.  This Act takes effect September 1, 2025.
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