TITLE: Relating to the expunction of all records and files related to a finding of criminal contempt by a court.

SUMMARY: Relating to the expunction of all records and files related to a finding of criminal contempt by a court.

FULL TEXT:
AN ACT relating to the expunction of all records and files related to a finding of criminal contempt by a court. 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. CRIMINAL CONTEMPT. (a) Notwithstanding the limitation provided by Article 55A.001, a person who has been found in criminal contempt is entitled to the expunction of all records and files related to the contempt if a period of not less than 2 years has passed since the date on which the person was found in contempt. (b) For purposes of Subchapters Fthrough J, a reference to "arrest" includes the taking into custody of a person found in criminal contempt. 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 found the person in contempt. SECTION 3. 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 4. This Act applies to an expunction of arrest records and files relating to a finding of criminal contempt that occurred before, on, or after the effective date of this Act. SECTION 5. This Act takes effect September 1, 2025.