Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 2229, authored by Representatives Hernandez and Plesa, amends the Texas Code of Criminal Procedure to expand the jurisdiction of statutory county courts to allow them to preside over certain expunction proceedings. Currently, expunctions are generally handled by district courts, justice courts, or municipal courts of record. This bill grants statutory county courts the authority to expunge arrest records for offenses within their jurisdiction and permits individuals to file expunction petitions directly in those courts, rather than solely in district courts.

The bill modifies multiple provisions in Chapter 55A of the Code of Criminal Procedure to incorporate statutory county courts throughout the expunction process. This includes the power to issue expunction orders for acquittals, pardons, and recommended expunctions, as well as the ability to accept petitions for expunction related to arrests for offenses under their jurisdiction. It also clarifies that statutory county courts have concurrent jurisdiction with district courts in these matters and that the standard $100 expunction filing fee applies when petitions are filed in these courts.

Additionally, the bill ensures that close relatives of deceased individuals may file for expunction on their behalf in statutory county courts, and it establishes that these courts have the same procedural responsibilities as district courts in reviewing and ordering expunctions. The legislation applies retroactively, meaning it can be used for expunction of records from offenses occurring before, on, or after the bill’s effective date of September 1, 2025.

In essence, the bill streamlines access to expunction by broadening judicial venues available to eligible individuals, potentially reducing case backlogs in district courts and making the process more accessible to Texans.

The differences between the original version of HB 2229 and the Committee Substitute are primarily structural and editorial, rather than substantive. Both versions aim to expand the authority of statutory county courts in Texas to handle expunction proceedings for arrest records, but the substitute version refines and clarifies how this expanded jurisdiction is integrated into existing law.

In the original bill, the text directly amends several articles of Chapter 55A of the Code of Criminal Procedure and includes the Government Code update to specify that statutory county courts have concurrent jurisdiction with district courts in expunction matters for offenses within their jurisdiction. The bill also allows such courts to issue expunction orders for acquittals, pardons, and other qualifying conditions and establishes the ability for individuals to file petitions in statutory county courts.

The Committee Substitute retains all these core components but makes several technical improvements for clarity and consistency. These include aligning terminology and formatting with Legislative Council drafting standards, reorganizing certain provisions to improve legal coherence, and refining language for precision—such as making clearer distinctions between eligibility and entitlement for expunction under different circumstances.

One notable structural refinement in the substitute is the enhanced integration of statutory county courts across all relevant provisions of Chapter 55A, ensuring that they are treated equivalently to other courts currently authorized to handle expunctions. The substitute also likely improves cross-referencing and internal consistency among related articles in a way that ensures legal practitioners and petitioners can navigate the changes more easily.

Overall, while the policy goal remains unchanged, the Committee Substitute enhances legal clarity and usability without altering the substantive effect of the legislation.

Author (5)

Ana Hernandez

Mihaela Plesa

Jolanda Jones

Erin Gamez

Ann Johnson

Contact the Author

Rep. Ana Hernandez

Capitol Phone:

(512) 463-0614

Capitol Office:

CAP 1W.11

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), HB 2229 is not expected to have a significant fiscal impact on the State. The bill expands the jurisdiction of statutory county courts by allowing them to issue expunction orders for arrest records and files pertaining to offenses under their purview. Although this change could result in a higher volume of expunction proceedings at the county level, state agencies anticipate that any additional administrative burden can be handled within existing appropriations and staffing levels.

From the perspective of local governments, the bill also poses no significant fiscal implication. County courts already handle related proceedings, and this legislation primarily grants them additional jurisdiction rather than mandating new or resource-intensive procedures. The infrastructure, such as court processes and staff, is already in place to manage expunctions, and any procedural adjustments required under the new law are expected to be minimal.

Overall, HB 2229 is considered fiscally neutral, with the enabling agencies and local jurisdictions expected to absorb any implementation costs without the need for new funding or statutory appropriations. The streamlined access to expunction in statutory county courts may even improve efficiency in the broader judicial system over time.

Vote Recommendation Notes

HB 2229 is a narrowly tailored procedural reform that enhances access to justice by allowing statutory county courts to handle expunction proceedings for offenses within their jurisdiction. Under current Texas law, even if a statutory county court presided over the original case or has subject matter jurisdiction over the offense, expunction requests must typically be filed in a district court. This creates unnecessary procedural inefficiencies and imposes logistical and resource burdens on petitioners and the judicial system.

By granting concurrent jurisdiction to statutory county courts for applicable expunction cases, the bill improves judicial efficiency and expedites relief for individuals who have been acquitted or whose charges have been dismissed. It supports Individual Liberty by enabling faster and more accessible clearing of records, which can have substantial consequences for employment, housing, and civic participation. It also reflects Limited Government by decentralizing authority and better allocating judicial resources without expanding government programs or spending.

There are no significant costs anticipated at the state or local level, and the bill does not create new rights or legal entitlements—only a more efficient path to relief under existing law. As such, HB 2229 offers a well-targeted solution to a bureaucratic bottleneck while preserving procedural safeguards and respecting local court authority. Texas Policy Research recommends that lawmakers vote YES on HB 2229.

Individual Liberty: HB 2229 directly strengthens individual liberty by enhancing access to the expunction process for eligible individuals. Expunction removes the stigma and legal disadvantages of an arrest record, allowing individuals to fully exercise their rights to employment, housing, and participation in civil society without undue government interference or reputational harm. By authorizing statutory county courts to grant expunctions within their jurisdiction, the bill removes procedural barriers that may delay or limit individuals’ ability to clear their records.
Personal Responsibility: This bill indirectly supports personal responsibility by ensuring that individuals who have met the legal criteria for expunction—such as acquittal or prosecutorial recommendation—can more easily pursue a clean record. The law assumes that individuals take initiative to request expunction, aligning with the principle that people should be responsible for asserting and securing their rights through proper legal channels.
Free Enterprise: The bill supports free enterprise by enabling individuals to participate more freely in the labor market. Criminal records, even when charges have been dismissed or the individual has been acquitted, often serve as barriers to employment. A more accessible expunction process removes unnecessary obstacles for job seekers and benefits employers by expanding the pool of qualified applicants.
Private Property Rights: There is no direct impact on private property rights. The bill concerns judicial procedures and access to legal relief rather than ownership or control of property.
Limited Government: HB 2229 promotes limited government by increasing judicial efficiency and decentralizing authority. It reduces reliance on district courts for routine expunction matters that fall within the purview of statutory county courts, allowing a more local and accessible venue to handle applicable cases. This avoids unnecessary duplication and respects local autonomy without expanding state programs or creating new government obligations.

Related Legislation

View Bill Text and Status