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A BILL TO BE ENTITLED
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AN ACT
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relating to the automatic expunction of all records and files |
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related to arrests for certain misdemeanor offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 55, Code of Criminal Procedure, is |
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amended by adding Article 55.012 to read as follows: |
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Art. 55.012. AUTOMATIC EXPUNCTION OF CERTAIN MISDEMEANOR |
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OFFENSES. (a) A person who has been placed under a custodial or |
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noncustodial arrest for an offense is entitled to the expunction of |
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all records and files related to the arrest, including, as |
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applicable, any records and files related to a conviction of the |
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offense, if: |
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(1) the offense for which the person was arrested was a |
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misdemeanor offense, other than a misdemeanor offense: |
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(A) under Section 106.041, Alcoholic Beverage |
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Code, or Chapter 49, Penal Code; or |
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(B) involving family violence, as defined by |
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Section 71.004, Family Code; |
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(2) the person is convicted of or placed on deferred |
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adjudication community supervision under Subchapter C, Chapter |
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42A, for the offense described by Subdivision (1); |
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(3) the person has never been previously convicted of |
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or placed on deferred adjudication community supervision for any |
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offense involving family violence, as defined by Section 71.004, |
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Family Code; |
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(4) the person has not been convicted of or placed on |
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deferred adjudication community supervision under Subchapter C, |
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Chapter 42A, for an offense, other than a traffic offense |
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punishable by fine only, committed after the date of the commission |
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of the offense described by Subdivision (1); |
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(5) there are no charges pending against the person |
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for the commission of any offense, other than a traffic offense |
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punishable by fine only; and |
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(6) a period of not less than 10 years has passed since |
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the date on which, as applicable: |
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(A) the person's sentence for the offense |
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described by Subdivision (1), including any term of confinement or |
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period of community supervision imposed and payment of all fines |
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and costs imposed, is fully discharged; or |
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(B) the person received a dismissal and discharge |
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under Article 42A.111 for the offense described by Subdivision (1). |
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(b) Regardless of whether the person has filed a petition |
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for expunction, not later than the 30th day after the date that a |
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person becomes entitled to expunction under this article, the court |
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that convicted the person or placed the person on deferred |
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adjudication community supervision shall enter an order directing |
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expunction in a manner consistent with the procedures described by |
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Section 1a, Article 55.02, provided that the order does not apply to |
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an opinion issued by an appellate court. |
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(c) Notwithstanding any other law, a person entitled to |
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expunction under this article is not required to pay any fee for an |
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expunction under this article. |
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SECTION 2. Section 109.005(a), Business & Commerce Code, is |
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amended to read as follows: |
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(a) A business entity may not publish any criminal record |
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information in the business entity's possession with respect to |
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which the business entity has knowledge or has received notice |
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that: |
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(1) an order of expunction has been issued under |
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Chapter 55 [Article 55.02], Code of Criminal Procedure; or |
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(2) an order of nondisclosure of criminal history |
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record information has been issued under Subchapter E-1, Chapter |
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411, Government Code. |
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SECTION 3. Section 411.0835, Government Code, is amended to |
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read as follows: |
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Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO |
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CERTAIN PRIVATE ENTITIES. If the department receives information |
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indicating that a private entity that purchases criminal history |
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record information from the department has been found by a court to |
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have committed three or more violations of Section 552.1425 by |
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compiling or disseminating information with respect to which an |
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order of expunction has been issued under Chapter 55 [Article |
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55.02], Code of Criminal Procedure, or an order of nondisclosure of |
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criminal history record information has been issued under |
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Subchapter E-1, the department may not release any criminal history |
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record information to that entity until the first anniversary of |
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the date of the most recent violation. |
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SECTION 4. Section 411.0851(a), Government Code, is amended |
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to read as follows: |
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(a) A private entity that compiles and disseminates for |
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compensation criminal history record information shall destroy and |
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may not disseminate any information in the possession of the entity |
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with respect to which the entity has received notice that: |
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(1) an order of expunction has been issued under |
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Chapter 55 [Article 55.02], Code of Criminal Procedure; or |
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(2) an order of nondisclosure of criminal history |
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record information has been issued under Subchapter E-1. |
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SECTION 5. Section 411.151(b), Government Code, is amended |
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to read as follows: |
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(b) A person may petition for the expunction of a DNA record |
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under the procedures established under Article 55.02, Code of |
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Criminal Procedure, if the person is entitled to the expunction of |
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records relating to the offense to which the DNA record is related |
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under Chapter 55 [Article 55.01], Code of Criminal Procedure. |
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SECTION 6. Section 552.1425(a), Government Code, is amended |
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to read as follows: |
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(a) A private entity that compiles and disseminates for |
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compensation criminal history record information may not compile or |
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disseminate information with respect to which the entity has |
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received notice that: |
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(1) an order of expunction has been issued under |
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Chapter 55 [Article 55.02], Code of Criminal Procedure; or |
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(2) an order of nondisclosure of criminal history |
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record information has been issued under Subchapter E-1, Chapter |
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411. |
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SECTION 7. (a) Subject to Subsection (b) of this section, |
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this Act applies to an expunction of arrest records and files |
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relating to any misdemeanor offense that was committed before, on, |
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or after the effective date of this Act. |
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(b) If a person entitled to expunction under Article 55.012, |
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Code of Criminal Procedure, as added by this Act, completed the |
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person's sentence or received a dismissal and discharge before |
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September 1, 2013, the court that convicted the person or placed the |
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person on deferred adjudication community supervision shall issue |
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an order of expunction under that article as soon as practicable |
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after the effective date of this Act but not later than August 31, |
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2025. |
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SECTION 8. This Act takes effect September 1, 2023. |