SB 325

85(R) - 2017
Senate Criminal Justice
Senate Criminal Justice
Criminal Justice

Companion Bill

HB 557

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Positive


Konni Burton


Don Huffines

Bill Caption

Relating to the procedure for expunction of arrest records and files for certain persons who are tried for an offense and are subsequently acquitted. 

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

The substantial changes that this bill would enact would involve allowing an attorney of the state to request an expunction for an acquitted person. Current law allows only a defendant to request expunction, and it puts a burden on the defendant and the defendant’s attorney to prepare the order for the court’s signature. If this bill passes that burden could be taken on by the state but would not be mandated. 

Vote Recommendation Notes

This bill upholds our liberty principles by allowing innocent people to clear their records for crimes that they were accused of, but found innocent. It is in the best interest of justice for innocent individuals to not have to deal with having a criminal record that suggests that they are criminals. Allowing the attorney of the state to request an expunction is a procedural change that promotes individual liberty and confidence in the justice system, therefore we support SB 325.