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Bill > HB2042
TX HB2042
TX HB2042Relating 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
Introduced
01/23/2025
01/23/2025
In Committee
03/14/2025
03/14/2025
Crossed Over
Passed
Dead
06/02/2025
06/02/2025
Introduced Session
89th Legislature Regular Session
Bill Summary
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.
AI Summary
This bill modifies the process for automatically expunging (erasing) arrest records for individuals who have been acquitted of criminal charges. Previously, expunction required a specific request from the acquitted person or consent from the state's attorney. Now, the bill mandates that an expunction order must be entered within 30 days of an acquittal by either the trial court or a district court in the same county. The bill clarifies that if the trial court is not a qualifying court, it must forward the proposed expunction order to an appropriate district court. Additionally, when an expunction order is issued, the court must provide the person with a certified copy of the order and the entire court case file, including all documents in the state's possession. The bill applies retroactively to arrest records for acquitted individuals, meaning people who were acquitted before the bill's effective date can still seek expunction. The law will take effect on September 1, 2025, and aims to streamline the process of clearing arrest records for individuals who have been found not guilty.
Committee Categories
Justice
Sponsors (1)
Last Action
Referred to Criminal Jurisprudence (on 03/14/2025)
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
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State Bill Page | https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB2042 |
BillText | https://capitol.texas.gov/tlodocs/89R/billtext/html/HB02042I.htm |
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