AN ACT
 1-1     relating to the automatic expunction of certain arrest records.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Article 55.01, Code of Criminal Procedure, is
 1-4     amended to read as follows:
 1-5           Art. 55.01.  RIGHT TO EXPUNCTION.  (a)  A person who has been
 1-6     arrested for commission of either a felony or misdemeanor is
 1-7     entitled to have all records and files relating to the arrest
 1-8     expunged if:
 1-9                 (1)  the person is tried for the offense for which the
1-10     person was arrested and is:
1-11                       (A)  acquitted by the trial court, except as
1-12     provided by Subsection (c) of this section; or
1-13                       (B)  convicted and subsequently pardoned; or
1-14                 (2)  each of the following conditions exist:
1-15                       (A)  an indictment or information charging the
1-16     person [him] with commission of a felony has not been presented
1-17     against the person [him] for an offense arising out of the
1-18     transaction for which the person [he] was arrested or, if an
1-19     indictment or information charging the person [him] with commission
1-20     of a felony was presented, it has been dismissed and the court
1-21     finds that it was dismissed because the presentment had been made
1-22     because of mistake, false information, or other similar reason
1-23     indicating absence of probable cause at the time of the dismissal
1-24     to believe the person committed the offense or because it was void;
 2-1                       (B)  the person [he] has been released and the
 2-2     charge, if any, has not resulted in a final conviction and is no
 2-3     longer pending and there was no court ordered community supervision
 2-4     [probation] under Article 42.12 of this code[, Code of Criminal
 2-5     Procedure, nor a conditional discharge under Section 481.109,
 2-6     Health and Safety Code]; and
 2-7                       (C)  the person [he] has not been convicted of a
 2-8     felony in the five years preceding the date of the arrest.
 2-9           (b)  Except as provided by Subsection (c) of this section, a
2-10     [A] district court may expunge all records and files relating to
2-11     the arrest of a person who has been arrested for commission of a
2-12     felony or misdemeanor under the procedure established under Article
2-13     55.02 of this code if the person is:
2-14                 (1)  tried for the offense for which the person was
2-15     arrested;
2-16                 (2)  convicted of the offense; and
2-17                 (3)  acquitted by the court of criminal appeals.
2-18           (c)  A court may not order the expunction of records and
2-19     files relating to an arrest for an offense for which a person is
2-20     subsequently acquitted, whether by the trial court or the court of
2-21     criminal appeals, if the offense for which the person was acquitted
2-22     arose out of a criminal episode, as defined by Section 3.01, Penal
2-23     Code, and the person was convicted of or remains subject to
2-24     prosecution for at least one other offense occurring during the
2-25     criminal episode.
2-26           SECTION 2.  Article 55.02, Code of Criminal Procedure, is
 3-1     amended to read as follows:
 3-2           Art. 55.02.  PROCEDURE FOR EXPUNCTION.  Sec. 1.  At the
 3-3     request of the defendant and after notice to the state and a
 3-4     hearing, the trial court presiding over the case in which the
 3-5     defendant was acquitted shall enter an order of expunction for a
 3-6     person entitled to expunction under Article 55.01(a)(1)(A) not
 3-7     later than the 30th day after the date of the acquittal.  Upon
 3-8     acquittal, the court shall advise the defendant of the right to
 3-9     expunction.  The defendant shall provide to the court all of the
3-10     information required in a petition for expunction under Section
3-11     2(b).
3-12           Sec. 2.  (a)  A person who is entitled to expunction of
3-13     records and files under Article 55.01(a)(1)(B) or 55.01(a)(2) or a
3-14     person who is eligible for expunction of records and files under
3-15     Article 55.01(b) [this chapter] may file an ex parte petition for
3-16     expunction in a district court for the county in which the person
3-17     [he] was arrested or in the county where the offense was alleged to
3-18     have occurred.
3-19           (b)  The petition must be verified and shall include the
3-20     following or an explanation for why one or more of the following is
3-21     not included:
3-22                 (1)  the petitioner's:
3-23                       (A)  full name;
3-24                       (B)  sex;
3-25                       (C)  race;
3-26                       (D)  date of birth;
 4-1                       (E)  driver's license number;
 4-2                       (F)  social security number; and
 4-3                       (G)  address at the time of the arrest;
 4-4                 (2)  the offense charged against the petitioner;
 4-5                 (3)  the date the offense charged against the
 4-6     petitioner was alleged to have been committed;
 4-7                 (4)  the date the petitioner was arrested;
 4-8                 (5)  the name of the county where the petitioner was
 4-9     arrested and if the  arrest occurred in a municipality, the name of
4-10     the municipality;
4-11                 (6)  the name of the agency that arrested the
4-12     petitioner;
4-13                 (7)  the case number and court of offense; and
4-14                 (8)  a list of all law enforcement agencies, jails or
4-15     other detention facilities, magistrates, courts, prosecuting
4-16     attorneys, correctional facilities, central state depositories of
4-17     criminal records, and other officials or agencies or other entities
4-18     of this state or of any political subdivision of this state and of
4-19     all central federal depositories of criminal records that the
4-20     petitioner has reason to believe have records or files that are
4-21     subject to expunction.
4-22           (c) [Sec. 2.]  The court shall set a hearing on the matter no
4-23     sooner than thirty days from the filing of the petition and shall
4-24     give reasonable notice of the hearing to each official or agency or
4-25     other entity named in the petition by certified mail, return
4-26     receipt requested, and such entity may be represented by the
 5-1     attorney responsible for providing such agency with legal
 5-2     representation in other matters.
 5-3           (d) [Sec. 3.  (a)]  If the court finds that the petitioner is
 5-4     entitled to expunction of any records and files that are the
 5-5     subject of the petition, it shall enter an order directing
 5-6     expunction.
 5-7           Sec. 3.  (a)  In an order of expunction issued under this
 5-8     article, the trial court shall require [and directing] any state
 5-9     agency that sent information concerning the arrest to a central
5-10     federal depository to request such depository to return all records
5-11     and files subject to the order of expunction.  The person who is
5-12     the subject of the expunction order [Any petitioner] or an agency
5-13     protesting the expunction may appeal the court's decision in the
5-14     same manner as in other civil cases.
5-15           (b)  The order of expunction entered by the trial court shall
5-16     have attached and incorporate by reference a copy of the judgment
5-17     of acquittal and shall include:
5-18                 (1)  the following information on the person who is the
5-19     subject of the expunction order:
5-20                       (A)  full name;
5-21                       (B)  sex;
5-22                       (C)  race;
5-23                       (D)  date of birth;
5-24                       (E)  driver's license number; and
5-25                       (F)  social security number;
5-26                 (2)  the offense charged against the person who is the
 6-1     subject of the expunction order;
 6-2                 (3)  the date the person who is the subject of the
 6-3     expunction order was arrested;
 6-4                 (4)  the case number and court of offense; and
 6-5                 (5)  the tracking incident number (TRN) assigned to the
 6-6     individual incident of arrest under Article 60.07(b)(1) by the
 6-7     Department of Public Safety.
 6-8           (c)  When the order of expunction is final, the clerk of the
 6-9     court shall send a certified copy of the order by certified mail,
6-10     return receipt requested, to the Crime Records Service of the
6-11     Department of Public Safety and to each official or agency or other
6-12     entity of this state or of any political subdivision of this state
6-13     designated by the person who is the [named in the order that there
6-14     is reason to believe has any records or files that are] subject of
6-15     [to] the order.  The Department of Public Safety shall notify [send
6-16     a copy by certified mail, return receipt requested, of the order
6-17     to] any central federal depository of criminal records by any
6-18     means, including electronic transmission, of the order [that there
6-19     is reason to believe has any of the records, together] with an
6-20     explanation of the effect of the order and a request that the
6-21     records in possession of the depository, including any information
6-22     with respect to the order [proceeding under this article], be
6-23     destroyed or returned to the court.
6-24           (d) [(b)]  All returned receipts received by the clerk from
6-25     notices of the hearing and copies of the order shall be maintained
6-26     in the file on the proceedings under this chapter.
 7-1           Sec. 4.  (a)  If the state establishes that the person who is
 7-2     the subject of an expunction order [the petitioner] is still
 7-3     subject to conviction for an offense arising out of the transaction
 7-4     for which the person [he] was arrested because the statute of
 7-5     limitations has not run and there is reasonable cause to believe
 7-6     that the state may proceed against the person [him] for the
 7-7     offense, the court may provide in its order that the law
 7-8     enforcement agency and the prosecuting attorney responsible for
 7-9     investigating the offense may retain any records and files that are
7-10     necessary to the investigation.  In the case of a person who is the
7-11     subject of an expunction order on the basis of an acquittal, the
7-12     court may provide in the expunction order that the law enforcement
7-13     agency and the prosecuting attorney retain records and files if:
7-14                 (1)  the records and files are necessary to conduct a
7-15     subsequent investigation and prosecution of a person other than the
7-16     person who is the subject of the expunction order; or
7-17                 (2)  the state establishes that the records and files
7-18     are necessary for use in:
7-19                       (A)  another criminal case, including a
7-20     prosecution, motion to adjudicate or revoke community supervision,
7-21     parole revocation hearing, mandatory supervision revocation
7-22     hearing, punishment hearing, or bond hearing; or
7-23                       (B)  a civil case, including a civil suit or suit
7-24     for possession of or access to a child.
7-25           (b)  Unless the person who is the subject of the expunction
7-26     order [the petitioner] is again arrested for or charged with an
 8-1     offense arising out of the transaction for which the person [he]
 8-2     was arrested or unless the court provides for the retention of
 8-3     records and files under Subsection (a) of this section, the
 8-4     provisions of Articles 55.03 and 55.04 of this code apply to files
 8-5     and records retained under this section.
 8-6           Sec. 5.  (a)  On receipt of the order, each official or
 8-7     agency or other entity named in the order shall:
 8-8                 (1)  return all records and files that are subject to
 8-9     the expunction order to the court or, if removal is impracticable,
8-10     obliterate all portions of the record or file that identify the
8-11     person who is the subject of the order [petitioner] and notify the
8-12     court of its action; and
8-13                 (2)  delete from its public records all index
8-14     references to the records and files that are subject to the
8-15     expunction order.
8-16           (b)  Except in the case of a person who is the subject of an
8-17     expunction order on the basis of an acquittal, the [The] court may
8-18     give the person who is the subject of the order [petitioner] all
8-19     records and files returned to it pursuant to its order.
8-20           (c)  If an order of expunction is issued under this article,
8-21     the court records concerning expunction proceedings are not open
8-22     for inspection by anyone except the person who is the subject of
8-23     the order [petitioner] unless the order permits retention of a
8-24     record under Section 4 of this article and the person [petitioner]
8-25     is again arrested for or charged with an offense arising out of the
8-26     transaction for which the person [he] was arrested or unless the
 9-1     court provides for the retention of records and files under Section
 9-2     4(a) of this article.  The clerk of the court issuing the order
 9-3     shall obliterate all public references to the proceeding and
 9-4     maintain the files or other records in an area not open to
 9-5     inspection.
 9-6           (d)  Except in the case of a person who is the subject of an
 9-7     expunction order on the basis of an acquittal, the [The] clerk of
 9-8     the court shall destroy all the files or other records maintained
 9-9     under Subsection (c) of this section on the first anniversary of
9-10     the date the order of expunction is issued unless the records or
9-11     files were released under Subsection (b) of this section.
9-12           (e)  The clerk shall certify to the court the destruction of
9-13     files or other records under Subsection (d) of this section.
9-14           SECTION 3.  Article 55.03, Code of Criminal Procedure, is
9-15     amended to read as follows:
9-16           Art. 55.03.  EFFECT OF EXPUNCTION.  After entry of an
9-17     expunction order:
9-18                 (1)  the release, dissemination, or use of the expunged
9-19     records and files for any purpose is prohibited;
9-20                 (2)  except as provided in Subdivision 3 of this
9-21     article, the person arrested [petitioner] may deny the occurrence
9-22     of the arrest and the existence of the expunction order; and
9-23                 (3)  the person arrested [petitioner] or any other
9-24     person, when questioned under oath in a criminal proceeding about
9-25     an arrest for which the records have been expunged, may state only
9-26     that the matter in question has been expunged.
 10-1          SECTION 4.  Article 55.06, Code of Criminal Procedure, is
 10-2    amended to read as follows:
 10-3          Art. 55.06.  LICENSE SUSPENSIONS AND REVOCATIONS.  Records [A
 10-4    person may not use the provisions of this chapter to expunge
 10-5    records] relating to the suspension or revocation of a driver's
 10-6    license, permit, or privilege to operate a motor vehicle may not be
 10-7    expunged under this chapter except as provided in Section 524.015,
 10-8    Transportation Code [5(d), Article 6687b-1, Revised Statutes], or
 10-9    Section 724.048 of that code [2(r), Chapter 434, Acts of the 61st
10-10    Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
10-11    Civil Statutes)].
10-12          SECTION 5.  (a)  The change in law made by this Act applies
10-13    only to the expunction of arrest records and files relating to an
10-14    arrest made on or after the effective date of this Act or relating
10-15    to a criminal offense for which an acquittal occurred on or after
10-16    the effective date of this Act.
10-17          (b)  Expunction of arrest records and files relating to an
10-18    arrest made or an acquittal that occurred before the effective date
10-19    of this Act is governed by the law in effect when the arrest was
10-20    made or the acquittal occurred, and the former law is continued in
10-21    effect for that purpose.
10-22          SECTION 6.  The Department of Public Safety of the State of
10-23    Texas shall implement the provisions of Chapter 55, Code of
10-24    Criminal Procedure, as amended by this Act, imposing duties on the
10-25    department, from funds made available to the department in the
10-26    General Appropriations Act.
                                                                S.B. No. 840
 11-1          SECTION 7.  The importance of this legislation and the
 11-2    crowded condition of the calendars in both houses create an
 11-3    emergency and an imperative public necessity that the
 11-4    constitutional rule requiring bills to be read on three several
 11-5    days in each house be suspended, and this rule is hereby suspended,
 11-6    and that this Act take effect and be in force from and after its
 11-7    passage, and it is so enacted.
         ________________________________   ________________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 840 passed the Senate on
         April 27, 1999, by the following vote:  Yeas 29, Nays 1;
         May 27, 1999, Senate refused to concur in House amendment and
         requested appointment of Conference Committee; May 28, 1999, House
         granted request of the Senate; May 30, 1999, Senate adopted
         Conference Committee Report by the following vote:  Yeas 30,
         Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 840 passed the House, with
         amendment, on May 25, 1999, by the following vote:  Yeas 145,
         Nays 0, two present not voting; May 28, 1999, House granted request
         of the Senate for appointment of Conference Committee;
         May 30, 1999, House adopted Conference Committee Report by a
         non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         ________________________________
                      Date
         ________________________________
                    Governor