The bill, H.B. No. 1820, proposes amendments to Article 55A.052(a) of the Code of Criminal Procedure regarding the expunction of arrest records and files. It allows individuals to have their arrest records expunged if a grand jury fails to find probable cause for the alleged offense, in addition to existing conditions related to the time elapsed since the arrest and the absence of an indictment or information charging the individual. Specifically, the bill introduces a new condition that permits expunction if the presentment did not occur solely because the grand jury did not find probable cause, alongside the existing provisions that require a certain amount of time to have passed since the arrest based on the severity of the offense.

Furthermore, the bill removes the previous requirement that the attorney representing the state must certify that the arrest records are not needed for any criminal investigation or prosecution. The changes made by this Act will apply to the expunction of arrest records for any criminal offense occurring before, on, or after the effective date of the Act, which is set for September 1, 2025.