| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the expunction of arrest records and files relating to |
|
|
certain criminal offenses. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 55, Code of Criminal Procedure, is |
|
|
amended by adding Article 55.012 to read as follows: |
|
|
Art. 55.012. EXPUNCTION OF CERTAIN NONVIOLENT OFFENSES. |
|
|
(a) A person who has been placed under a custodial or noncustodial |
|
|
arrest for a misdemeanor or state jail felony other than an offense |
|
|
under Chapter 25, 42, 43, 46, or 71, Penal Code, or Title 5 or 8, |
|
|
Penal Code, is entitled to have all records and files related to the |
|
|
arrest expunged if: |
|
|
(1) the person was placed on deferred adjudication |
|
|
community supervision under Subchapter C, Chapter 42A, for the |
|
|
offense and subsequently received a dismissal and discharge under |
|
|
Article 42A.111; |
|
|
(2) the person was not required to register as a sex |
|
|
offender under Chapter 62 as a condition of or as a result of the |
|
|
person's placement on deferred adjudication community supervision |
|
|
as described by Subdivision (1); |
|
|
(3) the person has not been convicted of or placed on |
|
|
deferred adjudication community supervision under Subchapter C, |
|
|
Chapter 42A, for an offense, other than a traffic offense |
|
|
punishable by fine only, committed after the date of the commission |
|
|
of the offense for which the person was placed on deferred |
|
|
adjudication community supervision as described by Subdivision |
|
|
(1); |
|
|
(4) there are no charges pending against the person |
|
|
for the commission of any offense, other than a traffic offense |
|
|
punishable by fine only; and |
|
|
(5) a period of not less than five years has passed |
|
|
since the date on which the person received the dismissal and |
|
|
discharge described by Subdivision (1). |
|
|
(b) The person must submit an ex parte petition for |
|
|
expunction to the court that placed the person on deferred |
|
|
adjudication community supervision. The petition must be verified |
|
|
and must contain: |
|
|
(1) the information described by Section 2(b), Article |
|
|
55.02; and |
|
|
(2) a statement that: |
|
|
(A) the person was not required to register as a |
|
|
sex offender under Chapter 62 as a condition of or as a result of the |
|
|
person's placement on deferred adjudication community supervision |
|
|
as described by Subsection (a)(1); |
|
|
(B) the person has not been convicted of or |
|
|
placed on deferred adjudication community supervision under |
|
|
Subchapter C, Chapter 42A, for an offense, other than a traffic |
|
|
offense punishable by fine only, committed after the date of the |
|
|
commission of the offense for which the person seeks an order of |
|
|
expunction; and |
|
|
(C) there are no charges pending against the |
|
|
person for the commission of any offense, other than a traffic |
|
|
offense punishable by fine only. |
|
|
(c) If the court finds that the petitioner is entitled to |
|
|
expunction of any arrest records and files that are the subject of |
|
|
the petition, the court shall enter an order directing expunction |
|
|
in a manner consistent with the procedures described by Section 1a, |
|
|
Article 55.02. |
|
|
SECTION 2. Section 109.005(a), Business & Commerce Code, is |
|
|
amended to read as follows: |
|
|
(a) A business entity may not publish any criminal record |
|
|
information in the business entity's possession with respect to |
|
|
which the business entity has knowledge or has received notice |
|
|
that: |
|
|
(1) an order of expunction has been issued under |
|
|
Chapter 55 [Article 55.02], Code of Criminal Procedure; or |
|
|
(2) an order of nondisclosure of criminal history |
|
|
record information has been issued under Subchapter E-1, Chapter |
|
|
411, Government Code. |
|
|
SECTION 3. Article 55.011(b), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(b) A close relative of a deceased person who, if not |
|
|
deceased, would be entitled to expunction of records and files |
|
|
under this chapter [Article 55.01] may file on behalf of the |
|
|
deceased person an ex parte petition for expunction under Section 2 |
|
|
or 2a, Article 55.02, or Article 55.012, as applicable. If the court |
|
|
finds that the deceased person would be entitled to expunction of |
|
|
any record or file that is the subject of the petition, the court |
|
|
shall enter an order directing expunction. |
|
|
SECTION 4. Article 102.006(b), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(b) The fees under Subsection (a) or the fee under |
|
|
Subsection (a-1), as applicable, shall be waived if: |
|
|
(1) the petitioner seeks expunction of a criminal |
|
|
record that relates to an arrest for an offense of which the person |
|
|
was acquitted, other than an acquittal for an offense described by |
|
|
Article 55.01(c), and the petition for expunction is filed not |
|
|
later than the 30th day after the date of the acquittal; or |
|
|
(2) the petitioner is entitled to expunction under any |
|
|
provision of Chapter 55 and the court finds that the petitioner is |
|
|
indigent. |
|
|
SECTION 5. Section 411.0835, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO |
|
|
CERTAIN PRIVATE ENTITIES. If the department receives information |
|
|
indicating that a private entity that purchases criminal history |
|
|
record information from the department has been found by a court to |
|
|
have committed three or more violations of Section 552.1425 by |
|
|
compiling or disseminating information with respect to which an |
|
|
order of expunction has been issued under Chapter 55 [Article |
|
|
55.02], Code of Criminal Procedure, or an order of nondisclosure of |
|
|
criminal history record information has been issued under |
|
|
Subchapter E-1, the department may not release any criminal history |
|
|
record information to that entity until the first anniversary of |
|
|
the date of the most recent violation. |
|
|
SECTION 6. Section 411.0851(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) A private entity that compiles and disseminates for |
|
|
compensation criminal history record information shall destroy and |
|
|
may not disseminate any information in the possession of the entity |
|
|
with respect to which the entity has received notice that: |
|
|
(1) an order of expunction has been issued under |
|
|
Chapter 55 [Article 55.02], Code of Criminal Procedure; or |
|
|
(2) an order of nondisclosure of criminal history |
|
|
record information has been issued under Subchapter E-1. |
|
|
SECTION 7. Section 411.151(b), Government Code, is amended |
|
|
to read as follows: |
|
|
(b) A person may petition for the expunction of a DNA record |
|
|
under the procedures established under Article 55.02, Code of |
|
|
Criminal Procedure, if the person is entitled to the expunction of |
|
|
records relating to the offense to which the DNA record is related |
|
|
under Chapter 55 [Article 55.01], Code of Criminal Procedure. |
|
|
SECTION 8. Section 552.1425(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) A private entity that compiles and disseminates for |
|
|
compensation criminal history record information may not compile or |
|
|
disseminate information with respect to which the entity has |
|
|
received notice that: |
|
|
(1) an order of expunction has been issued under |
|
|
Chapter 55 [Article 55.02], Code of Criminal Procedure; or |
|
|
(2) an order of nondisclosure of criminal history |
|
|
record information has been issued under Subchapter E-1, Chapter |
|
|
411. |
|
|
SECTION 9. This Act applies to an expunction of arrest |
|
|
records and files relating to any misdemeanor offense or state jail |
|
|
felony offense that was committed before, on, or after the |
|
|
effective date of this Act. |
|
|
SECTION 10. This Act takes effect September 1, 2021. |