1-1 By: Ogden S.B. No. 1126 1-2 (In the Senate - Filed March 6, 2001; March 7, 2001, read 1-3 first time and referred to Committee on Criminal Justice; 1-4 April 3, 2001, reported favorably by the following vote: Yeas 6, 1-5 Nays 0; April 3, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to expunction for unadjudicated but admitted offenses. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Subsection (a), Article 55.01, Code of Criminal 1-11 Procedure, is amended to read as follows: 1-12 (a) A person who has been arrested for commission of either 1-13 a felony or misdemeanor is entitled to have all records and files 1-14 relating to the arrest expunged if: 1-15 (1) the person is tried for the offense for which the 1-16 person was arrested and is: 1-17 (A) acquitted by the trial court, except as 1-18 provided by Subsection (c) of this section; or 1-19 (B) convicted and subsequently pardoned; or 1-20 (2) each of the following conditions exist: 1-21 (A) an indictment or information charging the 1-22 person with commission of a felony has not been presented against 1-23 the person for an offense arising out of the transaction for which 1-24 the person was arrested or, if an indictment or information 1-25 charging the person with commission of a felony was presented, it 1-26 has been dismissed and the court finds that it was dismissed 1-27 because the presentment had been made because of mistake, false 1-28 information, or other similar reason indicating absence of probable 1-29 cause at the time of the dismissal to believe the person committed 1-30 the offense or because it was void; 1-31 (B) the person has been released and the charge, 1-32 if any, has not resulted in a final conviction or an admission of 1-33 guilt under Section 12.45, Penal Code, and is no longer pending, 1-34 and there was no court ordered community supervision under Article 1-35 42.12 of this code; and 1-36 (C) the person has not been convicted of a 1-37 felony in the five years preceding the date of the arrest. 1-38 SECTION 2. The change in law made by this Act applies to a 1-39 person who on or after the effective date of this Act files a 1-40 petition for expunction under Chapter 55, Code of Criminal 1-41 Procedure, as amended by this Act, regardless of when the arrest 1-42 occurred for which the person seeks expunction of records. 1-43 SECTION 3. This Act takes effect immediately if it receives 1-44 a vote of two-thirds of all the members elected to each house, as 1-45 provided by Section 39, Article III, Texas Constitution. If this 1-46 Act does not receive the vote necessary for immediate effect, this 1-47 Act takes effect September 1, 2001. 1-48 * * * * *