82R2247 JSC-F
 
  By: Madden H.B. No. 2889
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the expunction of records and files relating to a
  person's arrest.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 55.01(a), Code of Criminal Procedure, is
  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)  each of the following conditions exist:
                     (A)  an indictment or information charging the
  person with commission of a felony has not been presented against
  the person for an offense arising out of the transaction for which
  the person was arrested or, 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:
                           (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 person completed a
  pretrial intervention program authorized under Section 76.011,
  Government Code, or 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
                           (iii)  an office of the attorney
  representing the state authorized by law to prosecute the offense
  for which the person was arrested declines to prosecute the offense
  and, after receiving notice of a request or petition for expunction
  of all records and files relating to the arrest, does not object to
  the court entering an order of expunction under Article 55.02;
                     (B)  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.
         SECTION 2.  This Act applies to an expunction of arrest
  records and files for any criminal offense that occurred before,
  on, or after the effective date of this Act.
         SECTION 3.  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, 2011.