89R1420 JCG-F
	By: Anchía	H.B. No. 2617

	A BILL TO BE ENTITLED
	AN ACT
	relating to the procedures for the expunction of arrest records and
	files for persons who complete certain court programs or pretrial
	intervention programs.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 55A.203, Code of Criminal Procedure, is
	amended by amending Subsections (a) and (b) and adding Subsections
	(b-1) and (d) to read as follows:
	(a)  A trial court that is a district court or a district
	court in the county in which the trial court is located shall [may,
	with the consent of the attorney representing the state,] enter an
	expunction order for a person entitled to expunction under Article
	55A.053(a)(2)(A) not later than the 30th day after the date the
	court, as applicable:
	(1)  dismisses the case following the person's
	successful completion of a veterans treatment court program created
	under Chapter 124, Government Code, or former law; or
	(2)  receives the information regarding the dismissal.
	(b)  A trial court that is a district court or a district
	court in the county in which the trial court is located shall [may,
	with the consent of the attorney representing the state,] enter an
	expunction order for a person entitled to expunction under Article
	55A.053(a)(2)(B) not later than the 30th day after the date the
	court, as applicable:
	(1)  dismisses the case following the person's
	successful completion of a mental health court program created
	under Chapter 125, Government Code, or former law; or
	(2)  receives the information regarding the dismissal.
	(b-1)  A trial court that is a district court or a district
	court in the county in which the trial court is located shall enter
	an expunction order for a person entitled to expunction under
	Article 55A.053(a)(2)(C) not later than the 30th day after the date
	the court, as applicable:
	(1)  dismisses the case following the person's
	successful completion of a pretrial intervention program
	authorized under Section 76.011, Government Code, other than a
	program described by Subsection (a)(1) or (b)(1); or
	(2)  receives the information regarding the dismissal.
	(d)  The person for whom a court is required to enter an order
	of expunction under Subsection (a), (b), or (b-1), as applicable,
	shall provide to the attorney representing the state all of the
	information required in a petition for expunction under Article
	55A.253 and any affidavit required under Article 55A.053(b) or (c).
	The attorney representing the state shall prepare an expunction
	order under this article for the court's signature.
	SECTION 2.  Article 55A.204, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 55A.204.  DUTIES OF ATTORNEY REPRESENTING STATE
	REGARDING EXPUNCTION ORDER BASED ON ACTUAL INNOCENCE. The attorney
	representing the state shall prepare an expunction order under
	Article 55A.202 [or 55A.203] for the court's signature and notify
	the Texas Department of Criminal Justice if the person who is the
	subject of the order is in the custody of the department.
	SECTION 3.  Article 55A.205, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 55A.205.  REQUIRED CONTENT OF EXPUNCTION ORDER BASED ON
	ACTUAL INNOCENCE. In an expunction order entered under Article
	55A.202 [or 55A.203], the court shall:
	(1)  provide a listing of each official, agency, or
	other entity of this state or political subdivision of this state
	and each private entity that there is reason to believe has any
	record or file that is subject to the order; and
	(2)  require that:
	(A)  the Texas Department of Criminal Justice send
	to the court any documents delivered to the department under
	Section 8(a), Article 42.09; and
	(B)  the Department of Public Safety and the Texas
	Department of Criminal Justice delete or redact, as appropriate,
	from their public records all index references to the records and
	files that are subject to the expunction order.
	SECTION 4.  The heading to Article 55A.206, Code of Criminal
	Procedure, is amended to read as follows:
	Art. 55A.206.  REQUIRED RETENTION OF CERTAIN DOCUMENTS
	COLLECTED UNDER EXPUNCTION ORDER BASED ON ACTUAL INNOCENCE [BY
	COURT].
	SECTION 5.  Article 55A.353, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 55A.353.  DISPOSITION OF EXPUNGED RECORDS. Except as
	provided by Articles 55A.354 and 55A.357, on receipt of an
	expunction order issued under Subchapter E or F, each official or
	agency or other governmental entity named in the order shall:
	(1)  as appropriate:
	(A)  return all records and files that are subject
	to the expunction order to the court; or
	(B)  in cases other than those described by
	Article [Articles] 55A.202 [and 55A.203], if removal is
	impracticable, obliterate all portions of the record or file that
	identify the person who is the subject of the order and notify the
	court of the action; and
	(2)  delete from the named entity's public records all
	index references to the records and files that are subject to the
	expunction order.
	SECTION 6.  Subchapter H, Chapter 55A, Code of Criminal
	Procedure, is amended by adding Article 55A.358 to read as follows:
	Art. 55A.358.  RETENTION OF RECORDS FOR DEVELOPMENT AND
	OPERATION OF PRETRIAL INTERVENTION PROGRAMS. Notwithstanding
	Articles 55A.353, 55A.354, 55A.355, and 55A.356, a community
	supervision and corrections department established under Chapter
	76, Government Code, or an office of an attorney representing the
	state, in possession of records and files subject to an expunction
	order based on an entitlement under Article 55A.053(a)(2)(A), (B),
	or (C) may retain and use those records and files only for the
	purpose of developing and operating pretrial intervention programs
	in a judicial district served by the department or office.
	SECTION 7.  Article 102.006(b-1), Code of Criminal
	Procedure, is amended to read as follows:
	(b-1)  The fees under Subsection (a) shall be waived if the
	petitioner is entitled to expunction:
	(1)  under Article 55A.053(a)(2)(A) after successful
	completion of a veterans treatment court program created under
	Chapter 124, Government Code, or former law; [or]
	(2)  under Article 55A.053(a)(2)(B) after successful
	completion of a mental health court program created under Chapter
	125, Government Code, or former law; or
	(3)  under Article 55A.053(a)(2)(C) after successful
	completion of a pretrial intervention program authorized under
	Section 76.011, Government Code.
	SECTION 8.  Section 124.001, Government Code, is amended by
	amending Subsection (b) and adding Subsection (c) to read as
	follows:
	(b)  If a defendant who was arrested for or charged with, but
	not convicted of or placed on deferred adjudication community
	supervision for, an offense successfully completes a veterans
	treatment court program, after notice to the attorney representing
	the state and a hearing in the veterans treatment court at which
	that court determines that a dismissal is in the best interest of
	justice, the veterans treatment court shall provide to the court in
	which the criminal case is pending information about the dismissal.
	(c)  On receipt of the dismissal information under
	Subsection (b), the [and shall include all of the information
	required about the defendant for a petition for expunction under
	Article 55A.253, Code of Criminal Procedure. The] court in which
	the criminal case is pending shall:
	(1)  dismiss the case against the defendant; and[:
	[(1) if that trial court is a district court, the court
	may, with the consent of the attorney representing the state, enter
	an order of expunction on behalf of the defendant under Article
	55A.203(a), Code of Criminal Procedure; or]
	(2)  if that trial court is not a district court, for
	purposes of Article 55A.203(a), Code of Criminal Procedure, provide
	to a district court in the county in which the trial court is
	located information about the dismissal [the court may, with the
	consent of the attorney representing the state, forward the
	appropriate dismissal and expunction information to enable a
	district court with jurisdiction to enter an order of expunction on
	behalf of the defendant under Article 55A.203(a), Code of Criminal
	Procedure].
	SECTION 9.  Section 125.001, Government Code, is amended by
	amending Subsection (b) and adding Subsection (c) to read as
	follows:
	(b)  If a defendant successfully completes a mental health
	court program, after notice to the attorney representing the state
	and a hearing in the mental health court at which that court
	determines that a dismissal is in the best interest of justice, the
	mental health court shall provide to the court in which the criminal
	case is pending information about the dismissal.
	(c)  On receipt of the dismissal information under
	Subsection (b), the [and shall include all of the information
	required about the defendant for a petition for expunction under
	Article 55A.253, Code of Criminal Procedure. The] court in which
	the criminal case is pending shall:
	(1)  dismiss the case against the defendant; and[:
	[(1)  if that trial court is a district court, the court
	may, with the consent of the attorney representing the state, enter
	an order of expunction on behalf of the defendant under Article
	55A.203(b), Code of Criminal Procedure; or]
	(2)  if that trial court is not a district court, for
	purposes of Article 55A.203(b), Code of Criminal Procedure, provide
	to a district court in the county in which the trial court is
	located information about the dismissal [the court may, with the
	consent of the attorney representing the state, forward the
	appropriate dismissal and expunction information to enable a
	district court with jurisdiction to enter an order of expunction on
	behalf of the defendant under Article 55A.203(b), Code of Criminal
	Procedure].
	SECTION 10.  (a)  Except as provided by Subsection (b) of
	this section and subject to Subsection (c) of this section, this Act
	applies, regardless of when the underlying arrest occurred, to the
	expunction of arrest records and files for a person who
	successfully completes any of the following programs before, on, or
	after the effective date of this Act:
	(1)  a veterans treatment court program under Chapter
	124, Government Code, or former law;
	(2)  a mental health court program under Chapter 125,
	Government Code, or former law; or
	(3)  a pretrial intervention program authorized under
	Section 76.011, Government Code.
	(b)  The change in law made by this Act to Article 102.006,
	Code of Criminal Procedure, applies to the fees charged or costs
	assessed for an expunction order entered on or after the effective
	date of this Act, regardless of whether the underlying arrest
	occurred before, on, or after the effective date of this Act.
	(c)  For a person who is entitled to expunction under Article
	55A.053(a)(2)(A), (B), or (C), Code of Criminal Procedure, based on
	a successful completion of a program described by Subsection (a) of
	this section 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.203, Code of Criminal
	Procedure, as amended by this Act, the court shall enter the
	required 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 11.  This Act takes effect September 1, 2025.