Amend SB 223 (house committee report) by adding the following 
appropriately numbered SECTION to the bill and renumbering 
subsequent SECTIONS of the bill accordingly:
	SECTION ____.  (a)  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)  each of the following conditions exist:                                  
			(A)  an indictment or information charging the 
person with commission of a felony has not been presented against 
the person for an offense arising out of the transaction for which 
the person was arrested or, if an indictment or information 
charging the person with commission of a felony was presented, the 
indictment 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; or
		(3)  the person is placed on deferred adjudication 
community supervision under Section 5, Article 42.12, for the 
offense for which the person was arrested, if the judge 
subsequently discharges the person and dismisses the proceedings 
and the person is subsequently pardoned for the offense.
	(b)  The change in law made by this section in amending 
Article 55.01(a), Code of Criminal Procedure, applies to a 
defendant seeking expunction of records and files relating to an 
arrest regardless of whether the arrest occurred before, on, or 
after the effective date of this Act.