82R13078 KEL-F
 
  By: Johnson H.B. No. 3181
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the right to an 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)  either:
                           (i)  an indictment or information charging
  the person with the commission of a felony or misdemeanor arising
  out of the transaction for which the person was arrested:
                                 (a)  has not been presented against the
  person and the court finds that the reason that such an indictment
  or information has not been presented is because, at the time of the
  hearing under Article 55.02, there is an absence of probable cause
  to believe the person committed an offense arising out of the
  transaction for which the person was arrested; or
                                 (b)  has been [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 against the person, but was subsequently [the
  indictment or information has been] dismissed or quashed, and:
                                       (1) [(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
  successfully completed a pretrial intervention program authorized
  under Section 76.011, Government Code; [,] or
                                       (2)  the court finds that the
  indictment or information was dismissed or quashed 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 the indictment or information [it] was void; or
                           (ii)  the limitations period expired before
  the date on which a petition was filed 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.  The change in law made by this Act applies to a
  person seeking expunction of records and files relating to an
  arrest regardless of whether the arrest 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.