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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. Subsection (a), Article 55.01, Code of Criminal |
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Procedure, is 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) either: |
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(i) an indictment or information charging |
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the person with commission of a felony has not been presented |
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against the person for an offense arising out of the transaction for |
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which the person was arrested and: |
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(a) the applicable limitations period |
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expired before the date on which a petition for expunction was filed |
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under Article 55.02; or |
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(b) the court finds that there is |
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reasonable cause to believe the state will not proceed against the |
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person for an offense arising out of the transaction for which the |
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person was arrested; or |
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(ii) [or,] if an indictment or information |
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charging the person with commission of a felony was presented |
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against the person for an offense arising out of the transaction for |
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which the person was arrested, the indictment or information has |
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been dismissed or quashed[,] and: |
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(a) [(i)] the applicable limitations |
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period expired before the date on which a petition for expunction |
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was filed under Article 55.02; [or] |
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(b) [(ii)] the court finds that the |
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indictment or information was dismissed or quashed because the |
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presentment had been made because of mistake, false information, or |
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other similar reason indicating absence of probable cause at the |
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time of the dismissal to believe the person committed the offense or |
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because it was void; or |
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(c) the court finds that there is |
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reasonable cause to believe the state will not proceed against the |
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person for an offense arising out of the transaction for which the |
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person was arrested; |
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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. |
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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. |
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