HBA-EDN S.B. 1126 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1126
By: Ogden
Criminal Jurisprudence
4/23/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current law, a person is entitled to the expunction of arrest records
if the person has been released and the charge has not resulted in a final
conviction and is no longer pending and there was no courtordered community
supervision, provided that the person has met all other conditions required
for the expunction of criminal records.  However, the Third Court of
Appeals has held that since an admission of guilt for an unadjudicated
offense does not result in a final conviction, such an offense may be
expunged from the person's criminal record.  Senate Bill 1126 provides that
a person is not entitled to the expunction of criminal records if the
charge against the person has resulted in an admission of guilt of an
unadjudicated offense.     

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 1126 amends the Code of Criminal Procedure to provide that a
person is not entitled to the expunction of criminal records if the person
has been released and the charge has resulted in an admission of guilt of
an unadjudicated offense.   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.