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TX HB2328
Bill
Status
2/3/2025
Primary Sponsor
Angelia Orr
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AI Summary
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Requires persons seeking expunction of arrest records to provide both physical and email addresses for all agencies that may hold relevant records, and prohibits listing any state or local agency more than once in the petition
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Mandates that state and local agencies accept electronic transmission of expunction petitions, hearing notices, and orders; court clerks cannot charge fees for electronic transmissions but must charge $25 per entity unable to receive documents electronically
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Shifts responsibility for notifying federal criminal record depositories from individual petitioners to the Department of Public Safety, which must forward notifications upon receiving expunction petitions
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Requires expunction orders be sent to the Office of Court Administration of the Texas Judicial System in addition to other listed agencies, and removes requirement that copies be certified
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Changes record destruction timeline so clerks must destroy expunged files on the first anniversary of the order date (rather than between 60 days and one year), while maintaining the expunction order itself in a confidential manner accessible only to the subject of the order
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Repeals Article 102.006 of the Code of Criminal Procedure; takes effect September 1, 2025
Legislative Description
Relating to the procedures for the expunction of arrest records and files; authorizing a fee.
Criminal Procedure
Last Action
Left pending in committee
4/29/2025