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Amend SB 166 (House committee printing) by adding the
following appropriately numbered SECTIONS to the bill and
renumbering existing SECTIONS of the bill accordingly:
SECTION . Article 55.01, Code of Criminal Procedure, is
amended by adding Subsection (a-1) to read as follows:
(a-1) Regardless of whether the person is convicted of or
receives deferred disposition for the misdemeanor offense, a person
not otherwise entitled to expunction under Subsection (a) is
entitled to have all records and files relating to the arrest of the
person for the commission of a Class C misdemeanor expunged if the
person:
(1) committed the Class C misdemeanor not less than two
years before filing a petition for expunction with respect to the
offense;
(2) after the date on which the Class C misdemeanor was
committed, has not been convicted of or placed on deferred
adjudication community supervision for any other offense higher
than the grade of misdemeanor punishable by fine only; and
(3) is not subject to pending charges for any other
offense at the time of filing the petition.
SECTION . Section 2(a), Article 55.02, Code of Criminal
Procedure, as amended by Section 2, Chapter 339, and Section 2,
Chapter 1236, Acts of the 78th Legislature, Regular Session, 2003,
is reenacted and amended to read as follows:
(a) A person who is entitled to expunction of records and
files under Article 55.01(a) or (a-1) or a person who is eligible
for expunction of records and files under Article 55.01(b) may file
an ex parte petition for expunction in a district court for the
county in which:
(1) the petitioner was arrested; or
(2) the offense was alleged to have occurred.
SECTION . The change in law made by this Act in amending
Article 55.01 and amending Section 2(a), Article 55.02, Code of
Criminal Procedure, 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.