HB1820 - Relating to the expunction of arrest records and files when a grand jury fails to find that probable cause exists to believe the alleged offense was committed.

  89R1730 JCG-D     By: Bowers, Plesa, Allen, Leo Wilson, H.B. No. 1820       Collier, et al.       A BILL TO BE ENTITLED   AN ACT   relating to the expunction of arrest records and files when a grand   jury fails to find that probable cause exists to believe the alleged   offense was committed.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 55A.052(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  A person to whom this subchapter applies is entitled to   have all records and files relating to the arrest expunged if an   indictment or information charging the person with the commission   of a misdemeanor offense based on the person's arrest or charging   the person with the commission of any felony offense arising out of   the same transaction for which the person was arrested has not been   presented against the person at any time following the arrest and   if:                (1)  at least 180 days have elapsed from the date of   arrest if the arrest for which the expunction was sought was for an   offense punishable as a Class C misdemeanor and there was no felony   charge arising out of the same transaction for which the person was   arrested;                (2)  at least one year has elapsed from the date of   arrest if the arrest for which the expunction was sought was for an   offense punishable as a Class B or A misdemeanor and there was no   felony charge arising out of the same transaction for which the   person was arrested;                (3)  at least three years have elapsed from the date of   arrest if the arrest for which the expunction was sought was for an   offense punishable as a felony or there was a felony charge arising   out of the same transaction for which the person was arrested; [ or ]                (4)  the attorney representing the state certifies that   the applicable arrest records and files are not needed for use in   any criminal investigation or prosecution, including an   investigation or prosecution of another person ; or                 (5)     the presentment did not occur solely because the   grand jury failed to find that probable cause exists to believe the   person committed the offense .          SECTION 2.  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 3.  This Act takes effect September 1, 2025.