H.B. No. 463 proposes amendments to the Code of Criminal Procedure regarding the automatic expunction of arrest records and files when certain controlled substance offense charges are dismissed. The bill allows individuals to have their arrest records expunged if they are charged solely with specific controlled substance offenses and a laboratory analysis finds no presence of a controlled substance. Additionally, it introduces a new provision requiring trial courts to enter an expunction order within 30 days of a dismissal based on such findings, and it prohibits courts from charging fees for these expunctions.
The bill also modifies existing provisions related to the duties of the attorney representing the state in preparing expunction orders and clarifies the required content of these orders. It expands the criteria for fee waivers for expunctions to include those entitled under the new controlled substance provision. The changes will apply to arrests made or charges dismissed on or after the effective date of the Act, which is set for September 1, 2025.