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A BILL TO BE ENTITLED
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AN ACT
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relating to the expunction of certain convictions or arrests of a |
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minor for certain alcohol-related offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 106.12, Alcoholic |
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Beverage Code, is amended to read as follows: |
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Sec. 106.12. EXPUNCTION OF CONVICTION OR ARREST RECORDS OF |
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A MINOR. |
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SECTION 2. Section 106.12, Alcoholic Beverage Code, is |
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amended by amending Subsections (c) and (d) and adding Subsections |
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(e) and (f) to read as follows: |
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(c) If the court finds that the applicant was not convicted |
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of any other violation of this code while he was a minor, the court |
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shall order the conviction, together with all complaints, verdicts, |
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sentences, prosecutorial and law enforcement records, and other |
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documents relating to the offense, to be expunged from the |
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applicant's record. After entry of the order, the applicant shall |
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be released from all disabilities resulting from the conviction, |
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and the conviction may not be shown or made known for any purpose. |
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(d) Any person placed under a custodial or noncustodial |
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arrest for not more than one incident in violation of this code |
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while a minor and who was not convicted of the violation may apply |
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to the court in which the person was charged to have the records of |
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the arrest expunged. The application must contain the applicant's |
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sworn statement that the applicant was not arrested for a event |
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leading to a violation of this code other than the arrest the |
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applicant seeks to expunge. If the court finds the applicant was |
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not arrested for any other event leading to a violation of this code |
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while a minor, the court shall order all complaints, verdicts, |
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prosecutorial and law enforcement records, and other documents |
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relating to the violation to be expunged from the applicant's |
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record. If the event leading to a violation of this code included |
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multiple violations during this event all violations from this |
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event are eligible for expungement. |
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(e) The court shall charge an applicant a fee in the amount |
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of $30 for each application for expunction filed under this section |
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to defray the cost of notifying state agencies of orders of |
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expunction under this section. |
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(f) The procedures for expunction provided under this |
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section are separate and distinct from the expunction procedures |
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under Chapter 55, Code of Criminal Procedure. |
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SECTION 3. The change in law made by this Act to Section |
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106.12, Alcoholic Beverage Code, applies to the expunction of |
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records of a conviction or arrest made before, on, or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |