| |
|
|
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 (b), 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) the person has been released and the charge, if |
|
|
any, has not resulted in a final conviction and is no longer |
|
|
pending, provided that there was no court-ordered community |
|
|
supervision under Article 42.12 for the offense and that [each of
|
|
|
the following conditions exist]: |
|
|
(A) an indictment or information charging the |
|
|
person with the commission of a felony or misdemeanor: |
|
|
(i) was [has] not [been] presented against |
|
|
the person for the [an] offense at any time before the date of the |
|
|
petition for expunction, and more than 180 days have elapsed from |
|
|
the date of the person's arrest for the offense; [arising out of the
|
|
|
transaction for which the person was arrested] or |
|
|
(ii) regardless of whether there is no |
|
|
statute of limitations for the offense, was[, 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, if the offense was a felony, more than 180 days have |
|
|
elapsed from the date the indictment or information was 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; or |
|
|
(B) prosecution of the person for the offense for |
|
|
which the person was arrested is no longer possible because the |
|
|
limitations period has expired [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]. |
|
|
(b) Except as provided by Subsection (c) [of this section], |
|
|
a district court may expunge all records and files relating to the |
|
|
arrest of a person who has been arrested for commission of a felony |
|
|
or misdemeanor under the procedure established under Article 55.02 |
|
|
[of this code] if: |
|
|
(1) the person is: |
|
|
(A) [(1)] tried for the offense for which the |
|
|
person was arrested; |
|
|
(B) [(2)] convicted of the offense; and |
|
|
(C) [(3)] acquitted by the court of criminal |
|
|
appeals or, if the period for granting a petition for discretionary |
|
|
review has expired, by a court of appeals; or |
|
|
(2) an office of the attorney representing the state |
|
|
authorized by law to prosecute the offense for which the person was |
|
|
arrested recommends the expunction to the appropriate district |
|
|
court before the person is tried for the offense, regardless of |
|
|
whether an indictment or information has been presented against the |
|
|
person in relation to the offense. |
|
|
SECTION 2. Article 55.01(a-1), Code of Criminal Procedure, |
|
|
is repealed. |
|
|
SECTION 3. 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 4. 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. |
|
|
|
|
|
* * * * * |