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A BILL TO BE ENTITLED
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AN ACT
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relating to the expunction of records and files relating to a |
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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) each of the following conditions exist: |
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(A) an indictment or information charging the |
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person with commission of a felony has not been presented against |
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the person for an offense arising out of the transaction for which |
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the person was arrested or, 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, 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 or |
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information was dismissed or quashed because the person completed a |
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pretrial intervention program authorized under Section 76.011, |
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Government Code, or because the presentment had been made because |
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of mistake, false information, or other similar reason indicating |
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absence of probable cause at the time of the dismissal to believe |
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the person committed the offense or because it was void; or |
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(iii) an office of the attorney |
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representing the state authorized by law to prosecute the offense |
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for which the person was arrested declines to prosecute the offense |
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and, after receiving notice of a request or petition for expunction |
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of all records and files relating to the arrest, does not object to |
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the court entering an order of expunction under Article 55.02; |
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(B) the person has been released and the charge, |
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if any, has not resulted in a final conviction and is no longer |
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pending and there was no court ordered community supervision under |
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Article 42.12 for any offense other than a Class C misdemeanor; and |
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(C) the person has not been convicted of a felony |
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in the five years preceding the date of the arrest. |
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SECTION 2. This Act applies to an expunction of arrest |
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records and files for any criminal offense that occurred before, |
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on, or after the effective date of this Act. |
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SECTION 3. 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. |