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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of a person convicted of a Class A misdemeanor |
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to seek an expunction of arrest records and files relating to the |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 55.01(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) A person who has been placed under a custodial or |
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noncustodial arrest for commission of either a felony or |
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misdemeanor is entitled to have all records and files relating to |
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the arrest expunged if: |
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(1) the person is tried for the offense for which the |
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person was arrested and is: |
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(A) acquitted by the trial court, except as |
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provided by Subsection (c) of this section; or |
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(B) convicted and subsequently pardoned; [or] |
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(2) each of the following conditions exist: |
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(A) an indictment or information charging the |
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person with commission of a felony has not been presented against |
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the person for an offense arising out of the transaction for which |
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the person was arrested or, if an indictment or information |
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charging the person with commission of a felony was presented, the |
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indictment or information has been dismissed or quashed, and: |
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(i) the limitations period expired before |
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the date on which a petition for expunction was filed under Article |
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55.02; or |
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(ii) the court finds that the indictment or |
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information was dismissed or quashed because the presentment had |
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been made because of mistake, false information, or other similar |
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reason indicating absence of probable cause at the time of the |
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dismissal to believe the person committed the offense or because it |
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was void; |
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(B) the person has been released and the charge, |
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if any, has not resulted in a final conviction and is no longer |
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pending and there was no court ordered community supervision under |
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Article 42.12 for any offense other than a Class C misdemeanor; and |
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(C) the person has not been convicted of a felony |
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in the five years preceding the date of the arrest; or |
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(3) the person is tried for and convicted of the only |
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offense for which the person was arrested and the offense is: |
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(A) a Class A misdemeanor; and |
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(B) not an offense under Title 5, Penal Code. |
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SECTION 2. The change in law made by this Act applies to a |
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defendant seeking expunction of records and files relating to an |
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arrest regardless of whether the arrest occurred before, on, or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2009. |