| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to permitting certain persons placed on deferred |
|
|
adjudication to seek an expunction of arrest records and files. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 55.01(b), Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
(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 the person is: |
|
|
(1) tried for the offense for which the person was |
|
|
arrested, [;
|
|
|
[(2)] convicted of the offense,[;] and |
|
|
[(3)] acquitted by the court of criminal appeals; or |
|
|
(2) placed on deferred adjudication community |
|
|
supervision under Section 5, Article 42.12, for the offense for |
|
|
which the person was arrested, if the judge subsequently discharges |
|
|
the person and dismisses the proceedings, unless the offense for |
|
|
which the person was placed on deferred adjudication community |
|
|
supervision was an offense under Section 19.02, 19.03, 20.04, |
|
|
21.11, 22.011, 22.02, 22.021, or 22.04, Penal Code. |
|
|
SECTION 2. This Act takes effect September 1, 2011. |