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 no indictment or information has been presented against them following their arrest, under certain conditions. The bill introduces new criteria for expunction, including a provision that allows for expunction if the grand jury fails to find probable cause that the person committed the offense. Additionally, it maintains existing timeframes for expunction based on the severity of the offense, while also allowing for expunction if the state attorney certifies that the records are not needed for any criminal investigation or prosecution.
The changes made by this bill apply to all criminal offenses, regardless of when they occurred, and will take effect on September 1, 2025. The inclusion of the new criteria for expunction based on the grand jury's findings aims to provide individuals with a clearer path to clearing their records when no charges are brought against them due to a lack of probable cause.