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 a requirement for individuals seeking expunction under specific articles to provide detailed information in their petitions, such as personal identification details and the circumstances surrounding their arrest. The bill also introduces new provisions that prohibit listing any state or local agency more than once in a petition and restricts including multiple contacts for different divisions of the same agency. Additionally, it establishes that the court must set a hearing on an expunction petition no earlier than 30 days after filing and mandates that the clerk of the court provide notice to relevant agencies electronically, unless they cannot accept such transmissions.
Furthermore, the bill authorizes a fee of $25 for each agency that cannot receive electronic notifications, while ensuring that no fees are charged for electronic transmissions to those that can. It also clarifies the responsibilities of the Department of Public Safety and the court clerk regarding the handling and notification of expunction orders. The legislation repeals certain outdated provisions and specifies that the new rules will apply only to petitions filed after the effective date of the Act, which is set for September 1, 2025.