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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) the person has been released and the charge, if |
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any, has not resulted in a final conviction and is no longer pending |
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and there was no court-ordered community supervision under Article |
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42.12 for any offense except for a Class C misdemeanor, provided |
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that [each of the following conditions exist]: |
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(A) an indictment or information charging the |
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person with the commission of a felony or misdemeanor: |
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(i) has not been presented within the |
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previous 180 days against the person for an offense arising out of |
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the transaction for which the person was arrested; or |
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(ii) [, 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 for more |
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than 180 days, 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 |
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or 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; or |
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(B) prosecution of the person for the offense for |
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which the person was arrested is no longer possible because the |
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limitations period has expired [the person has been released and
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the 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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[(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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SECTION 2. Subsection (a-1), Article 55.01, Code of |
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Criminal Procedure, is repealed. |
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SECTION 3. 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 4. 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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