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A BILL TO BE ENTITLED
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AN ACT
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relating to the right to an expunction of records and files relating |
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to a person's arrest. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 55.01(a), (a-1), and (b), Code of |
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Criminal Procedure, are 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; |
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(B) if an indictment or information charging the |
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person with commission of a felony was dismissed or quashed as |
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described by Paragraph (A), either [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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(C) [(B)] the person has been released and the |
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charge, if any, has not resulted in a final conviction and is no |
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longer pending and there was no court ordered community supervision |
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under Article 42.12 for any offense other than a Class C |
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misdemeanor; and |
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(D) [(C)] the person has not been convicted of a |
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felony in the five years preceding the date of the arrest. |
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(a-1) Notwithstanding Subsection (a)(2)(D) [(a)(2)(C)], a |
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person's conviction of a felony in the five years preceding the date |
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of the arrest does not affect the person's entitlement to |
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expunction for purposes of an ex parte petition filed on behalf of |
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the person by the director of the Department of Public Safety under |
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Section 2(e), Article 55.02. |
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(b) Except as provided by Subsection (c) [of this section], a |
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district court may expunge all records and files relating to the |
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arrest of a person who has been arrested for commission of a felony |
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or misdemeanor under the procedure established under Article 55.02 |
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[of this code] if: |
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(1) the person is: |
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(A) [(1)] tried for the offense for which the |
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person was arrested; |
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(B) [(2)] convicted of the offense; and |
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(C) [(3)] acquitted by the court of criminal |
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appeals; or |
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(2) an office of the attorney representing the state |
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authorized by law to prosecute the offense for which the person was |
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arrested recommends the expunction to the appropriate district |
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court before the person is tried for the offense, regardless of |
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whether an indictment or information has been presented against the |
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person in relation to the offense. |
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SECTION 2. The change in law made by this Act applies to a |
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person seeking expunction of records relating to an arrest |
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regardless of whether the arrest occurred before, on, or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |