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TexasSB 166789th Legislature Regular SessionSenateWALLET

Relating to the procedures for the expunction of arrest records and files; authorizing a fee.

Sponsored By: Angelia Orr, Judith Zaffirini (Democratic)

Signed by Governor

Courts--DistrictCriminal Procedure--GeneralCRIMINAL RECORDSEXPUNCTION OF RECORDSINTERNETPUBLIC SAFETY, DEPARTMENT OF

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 0 costs, 4 mixed.

Cleared case files get privacy protections

For records held by clerks on or after September 1, 2025, covered files must be destroyed one year after the order. The expunction order itself remains. Destruction excludes orders based on acquittal or entitlement under Article 55A.006, and records released under Article 55A.355. Clerks must keep expunction orders confidential. They may give a copy only to the person covered after checking identification, unless a further court order governs access.

Free electronic delivery, $25 paper fees

Clerks cannot charge for electronic delivery of arrest-record clearing petitions, hearing notices, or orders. State and local agencies with email addresses listed in filings must accept these materials electronically. Clerks must charge $25 for each listed recipient unable to receive electronic delivery. Filing fee rules cover petitions and applications filed starting September 1, 2025. Order fee rules cover orders becoming final starting that date.

Gun background records stay but confidential

Courts must retain covered federal prohibited-person mental-health information even after the related criminal case records are cleared. This applies to records held by clerks on or after September 1, 2025. Courts must keep the information confidential. They may share it only with Texas public safety officials or the FBI for specified records audits or verification in the National Instant Criminal Background Check System.

New filing rules for clearing arrests

For filings starting September 1, 2025, arrest-record clearing petitions and state applications must include identity, arrest, offense, and case details. Identity details include name, sex, race, birth date, driver’s license number, Social Security number, and address when arrested. Filers must list government and private entities reasonably believed to hold records, or explain missing required information. People entitled to record clearing under Article 55A.053(a)(2)(A) or (B) must also provide the required petition information. Filings cannot repeat a state or local agency or list separate contacts for its divisions. District clerks must post agency contact lists, including available emails, but are not responsible for complete website or petition lists.

Arrest clearing hearings and wider notices

For petitions filed starting September 1, 2025, courts must schedule hearings at least 30 days after filing. Clerks send petitions and hearing notices to listed entities, except central federal criminal-record repositories; court administration need not receive them. When Texas public safety officials receive a petition or hearing notice, they must notify the listed federal repositories. For covered orders becoming final starting September 1, 2025, clerks send copies to the state Crime Records Service and court administration. Copies also go to each listed state or local government recipient. Delivery options include secure email, electronic transmission, fax, or certified mail; hand delivery of orders to government recipients requires a receipt.

Sponsors & Cosponsors

Sponsors

  • Angelia Orr

    House

  • Judith Zaffirini

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 292 • No: 1

House vote • 5/23/2025

Record vote

Yes: 136 • No: 0

House vote • 5/22/2025

Record vote

Yes: 140 • No: 0

Senate vote • 4/24/2025

Record vote

Yes: 0 • No: 0

Senate vote • 4/24/2025

Record vote

Yes: 0 • No: 0

House vote • Unknown

Committee vote: Criminal Jurisprudence

Yes: 10 • No: 1

Senate vote • Unknown

Committee vote: Criminal Justice

Yes: 6 • No: 0

Actions Timeline

  1. Effective on 9/1/25

    6/20/2025House

  2. Signed by the Governor

    6/20/2025House

  3. Sent to the Governor

    5/27/2025House

  4. Signed in the House

    5/26/2025House

  5. Signed in the Senate

    5/26/2025Senate

  6. Reported enrolled

    5/23/2025Senate

  7. House passage reported

    5/23/2025Senate

  8. Statement(s) of vote recorded in Journal

    5/23/2025House

  9. Record vote (RV#3341)

    5/23/2025House

  10. Passed

    5/23/2025House

  11. Read 3rd time

    5/23/2025House

  12. Statement(s) of vote recorded in Journal

    5/22/2025House

  13. Record vote (RV#3263)

    5/22/2025House

  14. Passed to 3rd reading

    5/22/2025House

  15. Read 2nd time

    5/22/2025House

  16. Placed on General State Calendar

    5/21/2025House

  17. Considered in Calendars

    5/19/2025House

  18. Committee report sent to Calendars

    5/16/2025House

  19. Committee report distributed

    5/16/2025House

  20. Comte report filed with Committee Coordinator

    5/16/2025House

  21. Reported favorably w/o amendment(s)

    5/12/2025House

  22. Considered in formal meeting

    5/12/2025House

  23. Referred to Criminal Jurisprudence

    4/28/2025House

  24. Read first time

    4/28/2025House

  25. Received from the Senate

    4/25/2025House

Bill Text

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