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79R7218 RMB-F
By: Pena H.B. No. 3093
A BILL TO BE ENTITLED
AN ACT
relating to ex parte petitions for the expunction of criminal
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 (a-1) to read as follows:
(a-1) Nothwithstanding Subsection (a)(2)(C), a person's
conviction of a felony in the five years preceding the date of the
arrest does not affect the person's entitlement to expunction for
purposes of an ex parte petition filed on behalf of the person by
the director of the Department of Public Safety under Section 2(e),
Article 55.02.
SECTION 2. Section 2, Article 55.02, Code of Criminal
Procedure, is amended by amending Subsection (d) and adding
Subsections (e) and (f) to read as follows:
(d) If the court finds that the petitioner, or a person for
whom an ex parte petition is filed under Subsection (e), is entitled
to expunction of any records and files that are the subject of the
petition, it shall enter an order directing expunction.
(e) The director of the Department of Public Safety or the
director's authorized representative may file on behalf of a person
described by Subsection (a) of this section or by Section 2a an ex
parte petition for expunction in a district court for the county in
which:
(1) the person was arrested; or
(2) the offense was alleged to have occurred.
(f) An ex parte petition filed under Subsection (e) must be
verified and must include the following or an explanation for why
one or more of the following is not included:
(1) the person's:
(A) full name;
(B) sex;
(C) race;
(D) date of birth;
(E) driver's license number;
(F) social security number; and
(G) address at the time of the arrest;
(2) the offense charged against the person;
(3) the date the offense charged against the person
was alleged to have been committed;
(4) the date the person was arrested;
(5) the name of the county where the person was
arrested and if the arrest occurred in a municipality, the name of
the municipality;
(6) the name of the agency that arrested the person;
(7) the case number and court of offense; and
(8) a list of all law enforcement agencies, jails or
other detention facilities, magistrates, courts, prosecuting
attorneys, correctional facilities, central state depositories of
criminal records, and other officials or agencies or other entities
of this state or of any political subdivision of this state and of
all central federal depositories of criminal records that the
person has reason to believe have records or files that are subject
to expunction.
SECTION 3. This Act takes effect September 1, 2005.