1-1 AN ACT
1-2 relating to the expunction of arrest records and files when an
1-3 indictment or information is dismissed or quashed.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Article 55.01, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (a) A person who has been arrested for commission of either
1-8 a felony or misdemeanor is entitled to have all records and files
1-9 relating to the arrest expunged if:
1-10 (1) the person is tried for the offense for which the
1-11 person was arrested and is:
1-12 (A) acquitted by the trial court, except as
1-13 provided by Subsection (c) of this section; or
1-14 (B) convicted and subsequently pardoned; or
1-15 (2) each of the following conditions exist:
1-16 (A) an indictment or information charging the
1-17 person with commission of a felony has not been presented against
1-18 the person for an offense arising out of the transaction for which
1-19 the person was arrested or, if an indictment or information
1-20 charging the person with commission of a felony was presented, the
1-21 indictment or information [it] has been dismissed or quashed, and:
1-22 (i) the limitations period expired before
1-23 the date on which a petition for expunction was filed under Article
1-24 55.02; or
2-1 (ii) [and] the court finds that the
2-2 indictment or information [it] was dismissed or quashed because the
2-3 presentment had been made because of mistake, false information, or
2-4 other similar reason indicating absence of probable cause at the
2-5 time of the dismissal to believe the person committed the offense
2-6 or because it was void;
2-7 (B) the person has been released and the charge,
2-8 if any, has not resulted in a final conviction and is no longer
2-9 pending and there was no court ordered community supervision under
2-10 Article 42.12 [of this code]; and
2-11 (C) the person has not been convicted of a
2-12 felony in the five years preceding the date of the arrest.
2-13 SECTION 2. Section 3(c), Article 55.02, Code of Criminal
2-14 Procedure, is amended to read as follows:
2-15 (c) When the order of expunction is final, the clerk of the
2-16 court shall send a certified copy of the order by certified mail,
2-17 return receipt requested, to the Crime Records Service of the
2-18 Department of Public Safety and by hand delivery or certified mail,
2-19 return receipt requested, to each official or agency or other
2-20 entity of this state or of any political subdivision of this state
2-21 designated by the person who is the subject of the order. The
2-22 clerk of the court must receive a receipt for each order delivered
2-23 by hand under this subsection. The Department of Public Safety
2-24 shall notify any central federal depository of criminal records by
2-25 any means, including electronic transmission, of the order with an
2-26 explanation of the effect of the order and a request that the
2-27 records in possession of the depository, including any information
3-1 with respect to the order, be destroyed or returned to the court.
3-2 SECTION 3. Article 55.03, Code of Criminal Procedure, is
3-3 amended to read as follows:
3-4 Art. 55.03. EFFECT OF EXPUNCTION. When the order of
3-5 expunction is final [After entry of an expunction order]:
3-6 (1) the release, dissemination, or use of the expunged
3-7 records and files for any purpose is prohibited;
3-8 (2) except as provided in Subdivision 3 of this
3-9 article, the person arrested may deny the occurrence of the arrest
3-10 and the existence of the expunction order; and
3-11 (3) the person arrested or any other person, when
3-12 questioned under oath in a criminal proceeding about an arrest for
3-13 which the records have been expunged, may state only that the
3-14 matter in question has been expunged.
3-15 SECTION 4. The change in law made by this Act applies to
3-16 arrest records and files created before, on, or after the effective
3-17 date of this Act.
3-18 SECTION 5. This Act takes effect immediately if it receives
3-19 a vote of two-thirds of all the members elected to each house, as
3-20 provided by Section 39, Article III, Texas Constitution. If this
3-21 Act does not receive the vote necessary for immediate effect, this
3-22 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1323 was passed by the House on April
10, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1323 on May 27, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1323 was passed by the Senate, with
amendments, on May 17, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor