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A BILL TO BE ENTITLED
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AN ACT
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relating to the expunction of certain alcohol-related convictions |
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committed by a minor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 106.12, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 106.12. EXPUNCTION [EXPUNGEMENT] OF CONVICTION OF A |
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MINOR. (a) Any person convicted of not more than one violation of |
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this code while a minor, on attaining the age of 21 years, may apply |
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to the court in which the applicant [he] was convicted to have the |
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conviction expunged. |
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(a-1) A person convicted of a violation of Section 106.02, |
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106.025, 106.04, or 106.05 while a minor may apply to the court in |
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which the person was convicted to have the conviction expunged if: |
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(1) at least one year has elapsed since the date of the |
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offense; |
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(2) the person has attained the age of 19 years; and |
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(3) the person has not been convicted of a violation of |
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this code other than the conviction for which the person seeks |
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expunction. |
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(b) An [The] application under Subsection (a) shall contain |
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the applicant's sworn statement that the applicant [he] was not |
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convicted of any violation of this code while a minor other than the |
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one the applicant [he] seeks to have expunged. An application under |
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Subsection (a-1) shall contain the applicant's sworn statement that |
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the applicant was not convicted of any violation of this code other |
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than the one the applicant seeks to have expunged. |
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(c) If the court finds that an [the] applicant under |
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Subsection (a) was not convicted of any other violation of this code |
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while the applicant [he] was a minor or that an applicant under |
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Subsection (a-1) was not convicted of any other violation of this |
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code, the court shall order the conviction, together with all |
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complaints, verdicts, sentences, and other documents relating to |
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the offense, to be expunged from the applicant's record. After |
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entry of the order, the applicant shall be released from all |
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disabilities resulting from the conviction, and the conviction may |
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not be shown or made known for any purpose. |
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(d) The court shall charge an applicant a fee in the amount |
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of $30 for an [each] application for expunction [expungement] filed |
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under this section to defray the cost of notifying state agencies of |
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orders of expunction [expungement] under this section. |
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SECTION 2. The change in law made by this Act applies only to |
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an application for expunction filed on or after the effective date |
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of this Act. An application for expunction filed before the |
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effective date of this Act is covered by the law in effect when the |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |