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House Bill 3093 |
House Author: Pena |
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Effective: 9-1-05 |
Senate Sponsor: West, Royce |
House Bill 3093 amends provisions of the Code of Criminal Procedure and the Government Code relating to ex parte petitions for the expunction or nondisclosure of criminal records and files. The bill provides that a person's conviction of a felony in the five years preceding the date of the arrest does not affect the person's entitlement to expunction for purposes of an ex parte petition filed on behalf of the person by the director of the Department of Public Safety and sets out procedures for such a petition. The bill authorizes a person on deferred adjudication community supervision to petition the court for an order of nondisclosure regardless of whether the person has been previously placed on deferred adjudication community supervision for another offense under certain circumstances. House Bill 3093 also specifies the entities to which the information subject to the nondisclosure order may be released, sets out requirements to seal such information, and details fees and time frames related to such release. The bill specifies the consequences of a sealed criminal history record in relation to job applications and jury duty. Additionally, the bill prohibits the Department of Public Safety from releasing, for a certain time period, any more criminal history record information to a private entity that purchases such information if that entity has five or more violations of compiling or disseminating information subject to an order of nondisclosure.