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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. Article 55.01(a), Code of Criminal Procedure, is |
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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 or deferred |
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disposition under this code for any offense except for a Class C |
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misdemeanor, provided that [each of the following conditions
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exist]: |
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(A) an indictment, [or] information, or |
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complaint charging the person with the commission of a felony or |
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misdemeanor arising out of the transaction for which the person was |
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arrested: |
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(i) has not been presented against the |
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person at any time following the arrest, and at least 180 days have |
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elapsed from the date of the arrest; or |
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(ii) [for an offense arising out of the
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transaction for which the person was arrested or,] if [an
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indictment or information charging the person with commission of a
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felony was] presented at any time following the arrest, was[, the
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indictment or information has been] dismissed or quashed, and: |
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(a) at least 180 days have elapsed |
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from the date the indictment, information, or complaint was |
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dismissed or quashed; and |
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(b) [(i)
the 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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[(ii)] the court finds that the indictment, |
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[or] information, or complaint was dismissed or quashed because the |
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person successfully completed a pretrial intervention program |
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authorized under Section 76.011, Government Code, because the |
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person successfully completed a period of deferred disposition |
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under Article 45.051, [or] because the presentment had been made |
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because of mistake, false information, or other similar reason |
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indicating absence of probable cause at the time of the dismissal to |
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believe the person committed the offense, or because the |
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indictment, information, or complaint [it] 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. Article 55.01(a-1), Code of Criminal Procedure, |
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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 and files relating to an |
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arrest regardless of whether the arrest occurred before, on, or |
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after the 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, 2011. |