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78R6129 PEP-F
By: Armbrister S.B. No. 987
A BILL TO BE ENTITLED
AN ACT
relating to the expunction of certain arrest records and files.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55.01, Code of Criminal Procedure, is
amended by adding Subsection (e) to read as follows:
(e) A district court shall expunge under the procedure
established under Article 55.02 all records and files relating to
the arrest of a person for the commission of an offense punishable
as a misdemeanor if the person:
(1) committed the offense when the person was younger
than 21 years of age;
(2) was placed on deferred adjudication community
supervision under Section 5, Article 42.12, for that offense;
(3) subsequently received, at least five years before
filing a petition under Article 55.02, a dismissal and discharge
under Section 5(c), Article 42.12, with respect to that offense;
(4) has not been convicted of or placed on deferred
adjudication community supervision for a felony or Class A or Class
B misdemeanor, other than the offense that is the subject of the
petition; and
(5) is not subject to pending charges for a felony or a
Class A or Class B misdemeanor at the time of filing the petition.
SECTION 2. The change in law made by this Act applies to a
defendant seeking expunction of records relating to an arrest
regardless of whether the arrest occurred before, on, or after the
effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.