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A BILL TO BE ENTITLED
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AN ACT
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relating to the expunction of arrest records and files for a |
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criminal offense for which a grand jury finds no bill of indictment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 55.01(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) A person who has been placed under a custodial or |
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noncustodial arrest for commission of either a felony or |
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misdemeanor is entitled to have all records and files relating to |
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the arrest expunged if: |
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(1) the person is tried for the offense for which the |
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person was arrested and is: |
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(A) acquitted by the trial court, except as |
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provided by Subsection (c); or |
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(B) convicted and subsequently: |
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(i) pardoned for a reason other than that |
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described by Subparagraph (ii); or |
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(ii) pardoned or otherwise granted relief |
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on the basis of actual innocence with respect to that offense, if |
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the applicable pardon or court order clearly indicates on its face |
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that the pardon or order was granted or rendered on the basis of the |
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person's actual innocence; [or] |
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(2) the person has been released and the charge, if |
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any, has not resulted in a final conviction and is no longer pending |
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and there was no court-ordered community supervision under Chapter |
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42A for the offense, unless the offense is a Class C misdemeanor, |
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provided that: |
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(A) regardless of whether any statute of |
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limitations exists for the offense and whether any limitations |
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period for the offense has expired, an indictment or information |
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charging the person with the commission of a misdemeanor offense |
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based on the person's arrest or charging the person with the |
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commission of any felony offense arising out of the same |
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transaction for which the person was arrested: |
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(i) has not been presented against the |
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person at any time following the arrest, and: |
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(a) at least 180 days have elapsed |
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from the date of arrest if the arrest for which the expunction was |
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sought was for an offense punishable as a Class C misdemeanor and if |
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there was no felony charge arising out of the same transaction for |
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which the person was arrested; |
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(b) at least one year has elapsed from |
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the date of arrest if the arrest for which the expunction was sought |
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was for an offense punishable as a Class B or A misdemeanor and if |
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there was no felony charge arising out of the same transaction for |
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which the person was arrested; |
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(c) at least three years have elapsed |
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from the date of arrest if the arrest for which the expunction was |
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sought was for an offense punishable as a felony or if there was a |
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felony charge arising out of the same transaction for which the |
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person was arrested; or |
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(d) the attorney representing the |
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state certifies that the applicable arrest records and files are |
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not needed for use in any criminal investigation or prosecution, |
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including an investigation or prosecution of another person; or |
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(ii) if presented at any time following the |
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arrest, was dismissed or quashed, and the court finds that the |
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indictment or information was dismissed or quashed because: |
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(a) the person completed a veterans |
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treatment court program created under Chapter 124, Government Code, |
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or former law, subject to Subsection (a-3); |
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(b) the person completed a mental |
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health court program created under Chapter 125, Government Code, or |
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former law, subject to Subsection (a-4); |
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(c) the person completed a pretrial |
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intervention program authorized under Section 76.011, Government |
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Code, other than a veterans treatment court program created under |
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Chapter 124, Government Code, or former law, or a mental health |
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court program created under Chapter 125, Government Code, or former |
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law; |
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(d) the presentment had been made |
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because of mistake, false information, or other similar reason |
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indicating absence of probable cause at the time of the dismissal to |
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believe the person committed the offense; or |
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(e) the indictment or information was |
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void; or |
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(B) prosecution of the person for the offense for |
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which the person was arrested is no longer possible because the |
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limitations period has expired; or |
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(3) the grand jury finds no bill of indictment for the |
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offense for which the person was arrested. |
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SECTION 2. Section 2(a), Article 55.02, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) A person who is entitled to expunction of records and |
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files under Article 55.01(a)(1)(A), 55.01(a)(1)(B)(i), [or] |
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55.01(a)(2), or 55.01(a)(3) or a person who is eligible for |
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expunction of records and files under Article 55.01(b) may file an |
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ex parte petition for expunction in a district court for the county |
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in which: |
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(1) the petitioner was arrested; or |
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(2) the offense was alleged to have occurred. |
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SECTION 3. The change in law made by this Act applies to the |
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expunction of arrest records and files for any criminal offense |
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that occurred before, on, or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |