By: Ogden S.B. No. 1126 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to expunction for unadjudicated but admitted offenses. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subsection (a), Article 55.01, Code of Criminal 1-5 Procedure, is amended to read as follows: 1-6 (a) A person who has been arrested for commission of either 1-7 a felony or misdemeanor is entitled to have all records and files 1-8 relating to the arrest 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 with commission of a felony has not been presented against 1-17 the person for an offense arising out of the transaction for which 1-18 the person was arrested or, if an indictment or information 1-19 charging the person with commission of a felony was presented, it 1-20 has been dismissed and the court finds that it was dismissed 1-21 because the presentment had been made because of mistake, false 1-22 information, or other similar reason indicating absence of probable 1-23 cause at the time of the dismissal to believe the person committed 1-24 the offense or because it was void; 1-25 (B) the person has been released and the charge, 2-1 if any, has not resulted in a final conviction or an admission of 2-2 guilt under Section 12.45, Penal Code, and is no longer pending, 2-3 and there was no court ordered community supervision under Article 2-4 42.12 of this code; and 2-5 (C) the person has not been convicted of a 2-6 felony in the five years preceding the date of the arrest. 2-7 SECTION 2. The change in law made by this Act applies to a 2-8 person who on or after the effective date of this Act files a 2-9 petition for expunction under Chapter 55, Code of Criminal 2-10 Procedure, as amended by this Act, regardless of when the arrest 2-11 occurred for which the person seeks expunction of records. 2-12 SECTION 3. This Act takes effect immediately if it receives 2-13 a vote of two-thirds of all the members elected to each house, as 2-14 provided by Section 39, Article III, Texas Constitution. If this 2-15 Act does not receive the vote necessary for immediate effect, this 2-16 Act takes effect September 1, 2001.