HB 1820

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
neutral
Property Rights
neutral
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
HB 1820 would expand eligibility for the expunction of arrest records in cases where a grand jury declines to indict because it finds no probable cause that the accused committed the alleged offense. Under current law, a person seeking an expunction after an arrest generally must wait a specified period of time, ranging from 180 days to three years depending on the offense level, unless the prosecuting attorney certifies that the records are no longer needed for a criminal investigation or prosecution. This bill would create an additional basis for immediate eligibility by allowing expunction when a grand jury's failure to return an indictment is based solely on a finding that probable cause does not exist.

Specifically, the bill amends Article 55A.052(a), Code of Criminal Procedure, to add a new circumstance under which a person is entitled to an expunction. If a grand jury does not present an indictment solely because it failed to find probable cause that the person committed the offense, the individual could seek expunction without waiting for the otherwise applicable statutory waiting period. Existing eligibility requirements, including that no indictment or information has been presented against the person for the arrest at issue or for a felony arising from the same transaction, would otherwise remain in place.

The bill also provides that this change applies retroactively to requests for the expunction of arrest records relating to offenses committed before, on, or after the bill's effective date.
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 1820 is not expected to have a significant fiscal impact on state government. The LBB estimates that any administrative costs associated with expanding eligibility for expunctions could be absorbed using existing agency resources, indicating that implementation would not require additional appropriations or the creation of new programs.

The LBB also anticipates no significant fiscal impact on units of local government. Although the bill could result in additional expunction petitions being processed by courts and related entities, those costs are not expected to be substantial and are assumed to be manageable within existing operational resources.

Vote Recommendation Notes

HB 1820 represents a limited, targeted reform to Texas expunction law by allowing individuals to seek expunction of arrest records when a grand jury declines to indict solely because it finds no probable cause that the alleged offense was committed. Under current law, these individuals may still be required to wait months or years before becoming eligible for expunction despite a grand jury's determination that the evidence is insufficient to support prosecution. By eliminating those waiting periods in these narrowly defined circumstances, the bill provides a more timely remedy while preserving existing statutory standards governing expunction eligibility.

From a limited-government perspective, the bill does not expand the size or scope of government. It does not create a new state agency, program, fund, or regulatory authority, nor does it grant additional rulemaking powers or expand discretionary authority within state government. Instead, it narrows the continued government retention of arrest records in cases where a grand jury has already determined that probable cause is lacking, reducing the government's ongoing involvement in the lives of individuals who were not indicted. The committee analysis also confirms that the bill does not create a criminal offense, increase criminal penalties, or alter eligibility for community supervision, parole, or mandatory supervision.

The legislation likewise does not increase the burden on taxpayers or impose new regulatory burdens on individuals or businesses. According to the LBB, the bill is expected to have no significant fiscal impact on either state or local government, and any administrative costs associated with processing additional expunction requests can be absorbed using existing resources. Because the bill reduces barriers for individuals seeking employment, housing, and educational opportunities following a grand jury's finding of no probable cause, while avoiding meaningful government growth, increased taxpayer costs, or additional regulation, it is consistent with principles of limited government and individual liberty. As such, Texas Policy Research recommends that lawmakers vote YES on HB 1820.

  • Individual Liberty: The bill strengthens individual liberty by allowing eligible individuals to clear their arrest records sooner after a grand jury determines there is no probable cause to support criminal charges. This reduces the long-term consequences of an arrest that did not result in an indictment and limits the government's continued maintenance of records that can impede employment, housing, and educational opportunities.
  • Personal Responsibility: The bill neither expands nor diminishes personal responsibility. It does not alter criminal laws, penalties, or accountability for unlawful conduct. Instead, it provides relief only after the criminal justice system has concluded that probable cause to prosecute was lacking.
  • Free Enterprise: By allowing qualified individuals to obtain expunctions sooner, the bill may reduce unnecessary barriers to employment and occupational opportunities caused by arrest records in cases where no probable cause was found. It does not impose new regulations or compliance requirements on businesses.
  • Private Property Rights: The bill does not affect the ownership, use, transfer, or regulation of private property, nor does it alter property rights or create new restrictions related to land or other private assets.
  • Limited Government: The bill does not create a new government program, agency, or regulatory authority, nor does it increase state spending or grant additional rulemaking powers. Instead, it modestly limits the government's continued retention of arrest records in narrowly defined circumstances and streamlines an existing judicial process without expanding the scope of government. According to the Legislative Budget Board, implementation is expected to have no significant fiscal impact and can be absorbed within existing resources.
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