Amend SB 166 (house committee printing) by adding the 
following SECTIONS to the bill, appropriately numbered, and 
renumbering existing SECTIONS of the bill accordingly:
	SECTION ____.  Article 55.01(a), Code of Criminal Procedure, 
is amended to read as follows:
	(a)  A person who has been placed under a custodial or 
noncustodial arrest for commission of either a felony or 
misdemeanor is entitled to have all records and files relating to 
the arrest expunged if:
		(1)  the person is tried for the offense for which the 
person was arrested and is:
			(A)  acquitted by the trial court, except as 
provided by Subsection (c) [of this section]; or
			(B)  convicted and subsequently pardoned; or                                 
		(2)  either [each] of the following conditions exists
[exist]:
			(A)  an indictment, complaint, or information 
charging the person with commission of an offense [a felony] has not 
been presented against the person for an offense arising out of the 
transaction for which the person was arrested before the second 
anniversary of the date of the arrest; or
			(B) [,] if an indictment, complaint, or 
information charging the person with commission of an offense [a 
felony] was presented, the indictment, complaint, or information 
has been dismissed or quashed [, and:
				[(i)  the limitations period expired before 
the date on which a petition for expunction was filed under Article 
55.02; or
				[(ii)  the court finds that the indictment 
or information was dismissed or quashed because the presentment had 
been made because of mistake, false information, or other similar 
reason indicating absence of probable cause at the time of the 
dismissal to believe the person committed the offense or because it 
was void;
			[(B)  the person has been released and the charge, 
if any, has not resulted in a final conviction and is no longer 
pending and there was no court ordered community supervision under 
Article 42.12 for any offense other than a Class C misdemeanor;  and
			[(C)  the person has not been convicted of a 
felony in the five years preceding the date of the arrest].
	SECTION ____.  Section 1, Article 55.02, Code of Criminal 
Procedure, is amended to read as follows:
	Sec. 1.  (a) The [At the request of the defendant and after 
notice to the state, the] trial court [presiding over the case in 
which the defendant was acquitted, if the trial court is a district 
court, or a district court in the county in which the trial court is 
located] shall enter an order of expunction for a person entitled to 
expunction because:
		(1)  the person was acquitted;                                         
		(2)  the person was pardoned; or                                       
		(3)  the offense was dismissed [under Article 
55.01(a)(1)(A) not later than the 30th day after the date of the 
acquittal.  Upon acquittal, the trial court shall advise the 
defendant of the right to expunction.  The defendant shall provide 
to the district court all of the information required in a petition 
for expunction under Section 2(b).  The attorney for the defendant 
in the case in which the defendant was acquitted, if the defendant 
was represented by counsel, or the attorney for the state, if the 
defendant was not represented by counsel, shall prepare the order 
for the court's signature].
	(b)  The attorney representing the state whose office would 
have prosecuted the offense shall bring a motion for expunction for 
a person who was arrested but against whom an indictment, 
complaint, or information is not filed before the second 
anniversary of the date of arrest.
	(c)  The court shall enter an order of expunction under this 
section not later than the 30th day after the date of acquittal, 
pardon, dismissal, or filing of the motion by the attorney 
representing the state.  The court shall include in the order a 
listing of each official, agency, or other entity of this state or 
political subdivision of this state that there is reason to believe 
has any record or file that is subject to the order.
	SECTION ____.  Sections 3(a), (c), and (d), Article 55.02, 
Code of Criminal Procedure, are amended to read as follows:
	(a)  In an order of expunction issued under this article, the 
court shall require any state agency that sent information 
concerning the arrest to a central federal depository to request 
the depository to return all records and files subject to the order 
of expunction.  The person who is the subject of an [the] expunction 
order under Section 2a, or an agency protesting the expunction, may 
appeal the court's decision in the same manner as in other civil 
cases.
	(c)  When the order of expunction is final, the clerk of the 
court shall send a certified copy of the order by certified mail, 
return receipt requested, to the Crime Records Service of the 
Department of Public Safety and by hand delivery or certified mail, 
return receipt requested, to each official or agency or other 
entity of this state or of any political subdivision of this state
named in [designated by the person who is the subject of] the order.  
The clerk of the court must receive a receipt for each order 
delivered by hand under this subsection.  The Department of Public 
Safety shall notify any central federal depository of criminal 
records by any means, including electronic transmission, of the 
order with an explanation of the effect of the order and a request 
that the depository, as appropriate, either:
		(1)  destroy or return to the court the records in 
possession of the depository that are subject to the order, 
including any information with respect to the order; or
		(2)  comply with Section 5(f) [of this article] 
pertaining to information contained in records and files of a 
person entitled to expunction under Article 55.01(d).
	(d)  All returned receipts received by the clerk from 
[notices of the hearing and] copies of the order shall be maintained 
in the file on the proceedings under this chapter.
	SECTION ____.  Section 4, Article 55.02, Code of Criminal 
Procedure, is amended to read as follows:
	Sec. 4.  (a)  If the state establishes that the person who is 
the subject of an expunction order is still subject to conviction 
for an offense arising out of the transaction for which the person 
was arrested because the statute of limitations has not run and 
there is reasonable cause to believe that the state may proceed 
against the person for the offense, the court may provide in its 
order that the law enforcement agency and the prosecuting attorney 
responsible for investigating the offense may retain any records 
and files that are necessary to the investigation.
	(b)  In the case of a person who is the subject of an 
expunction order on the basis of an acquittal, the court may provide 
in the expunction order that the law enforcement agency and the 
prosecuting attorney retain records and files if:
		(1)  the records and files are necessary to conduct a 
subsequent investigation and prosecution of a person other than the 
person who is the subject of the expunction order; or
		(2)  the state establishes that the records and files 
are necessary for use in:
			(A)  another criminal case, including a 
prosecution, motion to adjudicate or revoke community supervision, 
parole revocation hearing, mandatory supervision revocation 
hearing, punishment hearing, or bond hearing; or
			(B)  a civil case, including a civil suit or suit 
for possession of or access to a child.
	(c) [(b)]  Unless the person who is the subject of the 
expunction order is again arrested for or charged with an offense 
arising out of the transaction for which the person was arrested or 
unless the court provides for the retention of records and files 
under Subsection (b), [(a) of this section, the provisions of] 
Articles 55.03 and 55.04 [of this code] apply to files and records 
retained under this section.
	SECTION ____.  Section 5(c), Article 55.02, Code of Criminal 
Procedure, is amended to read as follows:
	(c)  Except in the case of a person who is the subject of an 
expunction order based on an entitlement under Article 55.01(d), if 
an order of expunction is issued under this article, the court 
records concerning expunction proceedings are not open for 
inspection by anyone except the person who is the subject of the 
order unless the order permits retention of a record under Section 
4(a) [4 of this article] and the person is again arrested for or 
charged with an offense arising out of the transaction for which the 
person was arrested or unless the court provides for the retention 
of records and files under Section 4(b) [4(a) of this article].  The 
clerk of the court issuing the order shall obliterate all public 
references to the proceeding and maintain the files or other 
records in an area not open to inspection.
	SECTION ____.  Section 2, Article 55.02, Code of Criminal 
Procedure, and Articles 55.05 and 102.006, Code of Criminal 
Procedure, are repealed.
	SECTION ____.  (a)  The changes in law made by this Act to 
Articles 55.01, 55.02, 55.05, and 102.006, Code of Criminal 
Procedure, apply only to the expunction of arrest records related 
to:
		(1)  a criminal offense for which an acquittal occurred 
on or after the effective date of this Act;
		(2)  a charge for an offense that was dismissed on or 
after the effective date of this Act; or
		(3)  an arrest made on or after the effective date of 
this Act.             
	(b)  Expunction for an acquittal, dismissal, or arrest that 
occurred before the effective date of this Act is governed by the 
law in effect at that time, and the former law is continued in 
effect for that purpose.