H.B. No. 2328 amends the Code of Criminal Procedure to streamline the expunction process for arrest records and files. Key changes include the addition of new requirements for individuals seeking expunction, such as providing specific information in their petitions, including details about the arrest and the agencies involved. The bill also introduces a $25 fee for each agency that cannot receive electronic notifications regarding the expunction, while ensuring that the clerk of the court cannot charge for electronic transmissions to agencies that can receive them. Furthermore, the bill mandates that the court set a hearing on expunction petitions no earlier than 30 days after filing and requires that all notifications be sent electronically when possible.
Additionally, the bill clarifies the responsibilities of the court and the Department of Public Safety in handling expunction orders, including the requirement to notify relevant federal depositories of criminal records. It also establishes that the clerk of the court must maintain expunction orders confidentially and only provide copies to the individuals subject to the orders. The legislation repeals certain provisions of the Code of Criminal Procedure and specifies that the new rules will apply only to petitions filed after the effective date of the Act, which is set for September 1, 2025.