By: West S.B. No. 166
A BILL TO BE ENTITLED
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, maintenance, 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 Department of Public Safety of the State of
Texas shall as soon as practicable take action as necessary to
ensure compliance with Subdivision (1), Article 55.03, Code of
Criminal Procedure, as amended by this Act, including the
destruction of information that has been maintained by the
department solely to enable the department to comply with
Subdivision (1), Article 55.03, Code of Criminal Procedure, as that
law existed immediately before 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.