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