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SB1667

Regular Session

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

Moderate
Low Cost
Effective:2025-09-01
Enforcing Agencies

District Court Clerks • Texas Department of Public Safety (DPS)

SB1667
Moderate
Relating to the procedures for the expunction of arrest records and files; authorizing a fee.
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
District Court ClerksDPS
Primary Author: Sen. Judith Zaffirini
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: September 1, 2025 (Applies to all petitions filed and orders entered on or after this date).
  • Agency Rulemaking: No formal state-level rulemaking is mandated, but 254 County District Clerks must independently compile and publish website directories of agency email addresses prior to the effective date.

Immediate Action Plan

  • 1. Establish Dedicated Intake: Provision a permanent, monitored email alias (e.g., `expunctions@yourcompany.com`) immediately. Do not rely on individual employee email addresses.
  • 2. Update Software Logic: Law firms must update case management systems to require email fields for all agencies and implement validation logic to prevent duplicate entity listings.
  • 3. Monitor County Websites: Assign compliance staff to audit District Clerk websites starting August 2025 to ensure your entity's contact email is listed correctly.
  • 4. Audit Vendor Compliance: Confirm your background check providers have transitioned to digital intake to prevent FCRA liability for reporting expunged records.

Operational Changes Required

Contracts

  • Background Screening Vendors: Update Master Service Agreements (MSAs) to require vendors to certify capability for electronic intake of expunction orders.
  • Indemnification: Revise clauses to specifically cover liability arising from "missed" electronic notices, as the physical paper trail of certified mail will no longer exist.

Hiring/Training

  • Intake Staff: Retrain legal compliance teams to treat emails from District Clerk domains as formal service of process, equivalent to certified mail.
  • Petitioners (Attorneys): Staff must be trained to consolidate service lists; the law now explicitly prohibits listing the same agency more than once in a single petition.

Reporting & Record-Keeping

  • District Clerks: Must transition from "destroy after one year" protocols to indefinite confidential retention of expunction orders.
  • Public Registries: Clerks must maintain a public-facing website listing the designated email addresses for all relevant agencies.
  • Petitioners: Must include valid email addresses for all respondents in the initial petition.

Fees & Costs

  • New Penalty Fee: A $25 fee applies per entity listed in a petition that is *unable* to receive electronic service.
  • Fee Repeals: Budget lines for Art. 102.006 fees (mailing notices/orders and ex parte filing fees) should be removed for orders entered after September 1, 2025.

Strategic Ambiguities & Considerations

  • "Secure Electronic Mail" Standards: The statute does not define the technical standard for "secure" email (e.g., TLS encryption, password-protected PDF, or web portal). Businesses should anticipate inconsistent delivery methods across counties until the Office of Court Administration (OCA) issues guidance.
  • "Unable to Receive" Determination: It is unclear if an agency that simply fails to provide an email address to the Clerk triggers the $25 non-electronic service fee, or if the burden falls on the petitioner to discover the address.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 27, 2025
Passed Senate
Apr 24, 2025
Passed House
May 23, 2025
Signed
Jun 20, 2025
TopicsCourtsCourts--districtCriminal ProcedureCriminal Procedure--generalCriminal RecordsExpunction of RecordsInternetPublic Safety, Department of
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Senate Authors

Sen. Judith ZaffiriniDemocrat · Primary Author

House Sponsor

Rep. Angelia OrrRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Sen. Judith Zaffirini

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Quick Reference

Frequently Asked Questions

Common questions about SB1667

Q

What does Texas SB1667 do?

SB1667 mandates the digitization of criminal record expunctions effective September 1, 2025, shifting the primary method of service from certified mail to "secure electronic mail. " This legislation imposes immediate operational obligations on Consumer Reporting Agencies (CRAs), law firms, and government entities to establish dedicated email intake systems, while penalizing reliance on paper notices with new fees. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (Applies to all petitions filed and orders entered on or after this date).

Q

Who authored SB1667?

SB1667 was authored by Texas Senator Judith Zaffirini during the Regular Session.

Q

When was SB1667 signed into law?

SB1667 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce SB1667?

SB1667 is enforced by District Court Clerks and Texas Department of Public Safety (DPS).

Q

How urgent is compliance with SB1667?

The compliance urgency for SB1667 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of SB1667?

The cost impact of SB1667 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB1667 address?

SB1667 addresses topics including courts, courts--district, criminal procedure, criminal procedure--general and criminal records.

Legislative data provided by LegiScanLast updated: November 25, 2025

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