| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the right to an expunction of records and files relating |
|
|
to a person's arrest. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Articles 55.01(a) and (a-1), Code of Criminal |
|
|
Procedure, are 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; |
|
|
(B) if an indictment or information charging the |
|
|
person with commission of a felony was dismissed or quashed as |
|
|
described by Paragraph (A), either [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; |
|
|
(C) [(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 |
|
|
(D) [(C)] the person has not been convicted of a |
|
|
felony in the five years preceding the date of the arrest. |
|
|
(a-1) Notwithstanding Subsection (a)(2)(D) [(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. The change in law made by this Act applies to a |
|
|
person seeking expunction of records relating to an arrest |
|
|
regardless of whether the arrest occurred before, on, or after 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, 2009. |