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House Bill 351 |
House Author: Veasey |
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Effective: 9-1-11 |
Senate Sponsor: West |
House Bill 351 amends the Code of Criminal Procedure to extend the entitlement to have all records and files relating to an arrest expunged to a person who has been arrested for, tried for, and convicted of a felony or misdemeanor and subsequently granted relief on the basis of actual innocence with respect to that offense, if the applicable pardon or court order clearly indicates such reason for relief. Among other provisions, the bill revises the conditions that must be met for a released person to be entitled to expunction and prohibits the expunction of records relating to certain arrests and absconders. In addition to revising certain general expunction procedures, the bill establishes procedures for a trial court or district court, as applicable, and the attorney for the state in entering and preparing an expunction order for a convicted person entitled to expunction following a grant of relief or pardon on the basis of actual innocence and requires the court to retain certain documents relating to the person until the statute of limitations has run for any civil case or proceeding relating to the wrongful imprisonment of the person.