79R1771 PEP-D
By: Keel, Casteel, Hupp, Hodge, Talton, H.B. No. 269
et al.
A BILL TO BE ENTITLED
AN ACT
relating to the effect of an expunction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55.03, Code of Criminal Procedure, is
amended to read as follows:
Art. 55.03. EFFECT OF EXPUNCTION. When the order of
expunction is final:
(1) the release, dissemination, or use of the expunged
records and files for any purpose [other than a purpose described by
Section 411.083(a) or (b)(1), (2), or (3), Government Code,] is
prohibited;
(2) except as provided in Subdivision (3) [3] of this
article, the person arrested may deny the occurrence of the arrest
and the existence of the expunction order; and
(3) the person arrested or any other person, when
questioned under oath in a criminal proceeding about an arrest for
which the records have been expunged, may state only that the matter
in question has been expunged.
SECTION 2. The change in law made by this Act applies to any
records and files relating to an arrest that are the subject of an
order of expunction under Chapter 55, Code of Criminal Procedure,
regardless of whether the order is entered 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, 2005.