TITLE: Relating to automatic expunction of arrest records and files for certain persons who are tried for an offense and subsequently acquitted and to the provision of certain records relating to that expunction.

SUMMARY: Relating to automatic expunction of arrest records and files for certain persons who are tried for an offense and subsequently acquitted and to the provision of certain records relating to that expunction.

FULL TEXT:
AN ACT relating to automatic expunction of arrest records and files for certain persons who are tried for an offense and subsequently acquitted and to the provision of certain records relating to that expunction. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 55A.201, Code of Criminal Procedure, is amended by amending Subsections (a) and (d) and adding Subsections (e) and (f) to read as follows: (a) An [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 55A.002 by: (1) the trial court presiding over the case in which the person was acquitted, if the court is: (A) a district court; (B) a justice court; or (C) a municipal court of record; or (2) a district court in the county in which the trial court is located. (d) An expunction order under this article shall be prepared for the court's signature by: (1) the attorney for the acquitted person in the case in which the person was acquitted, if the acquitted person was represented by an attorney; or (2) the attorney representing the state, if the person was not represented by an attorney [or if the attorney representing the state requested the order].(e) If the trial court is not a court described by Subsection (a)(1), the trial court shall forward the proposed order and all information required in a petition for expunction under Article 55A.253 to a court described by Subsection (a)(2). (f) A court that issues an expunction order under this article shall provide to the person who is the subject of the order a certified copy of: (1) the order; and (2) the court's case file, including all documents, items, and information required to be disclosed to the person under Article 39.14 and in the possession of the state at the time of the order. SECTION 2. Articles 55A.201(b) and (c), Code of Criminal Procedure, are repealed. SECTION 3. (a) This Act applies to the expunction of arrest records and files for a person entitled to that expunction under Article 55A.002, Code of Criminal Procedure, before, on, or after the effective date of this Act, regardless of when the underlying arrest occurred. (b) For a person who is entitled to expunction under Article 55A.002, Code of Criminal Procedure, based on an acquittal that occurred before the effective date of this Act, notwithstanding the 30-day time limit provided for the court to enter an automatic order of expunction under Article 55A.201, Code of Criminal Procedure, as amended by this Act, the court shall enter an order of expunction for the person as soon as practicable after the court receives written notice from any party to the case about the person's entitlement to the expunction. SECTION 4. This Act takes effect September 1, 2025.