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A BILL TO BE ENTITLED
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AN ACT
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relating to the expunction of criminal records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 55.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 55.01. RIGHT TO EXPUNCTION. (a) A person who has been |
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placed under a custodial or noncustodial arrest for commission of |
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either a felony or misdemeanor is entitled to have all records and |
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files relating to 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); or |
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(B) convicted and subsequently: |
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(i) pardoned for a reason other than that described by |
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Subparagraph (ii); or |
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(ii) pardoned or otherwise granted relief on the basis of actual |
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innocence with respect to that offense, if the applicable pardon or |
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court order clearly indicates on its face that the pardon or order |
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was granted or rendered on the basis of the person's actual |
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innocence; or |
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(2) the person has been released and the charge is dismissed, if
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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 the offense; or unless the offense is a Class C
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misdemeanor, provided that:
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(A) (3) regardless of whether any statute of limitations exists |
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for the offense and whether any limitations period for the offense |
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has expired, an indictment or information charging the person with |
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the commission of an misdemeanor offense based on the person's
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arrest or summons or charging the person with the commission of any
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felony offense arising out of the same transaction for which the
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person was arrested: |
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(i) has not been presented against the person at any time |
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following the arrest and: |
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a) at least 180 30 days have elapsed from the date of if the |
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offense arrest for which the expunction was sought was for an |
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offense punishable as a Class C misdemeanor and if there was no |
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felony charge arising out of the same transaction for which the |
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person was arrested; |
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(b) at least one year 90 days has elapsed from the date of arrest |
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if the arrest offense for which the expunction was sought was for an |
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offense punishable as a Class B or A misdemeanor and if there was no |
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felony charge arising out of the same transaction for which the |
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person was arrested; |
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(c) at least three years have elapsed from the date of the arrest |
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offense for which the expunction was sought was for an offense |
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punishable as a felony or if there was a felony charge arising out |
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of the same transaction for which the person was arrested; or |
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(d) the attorney representing the state certifies that the |
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applicable arrest records and files are not needed for use in any |
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criminal investigation or prosecution, including an investigation |
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or prosecution of another person; or |
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SECTION 2. The change in law made by this Act applies to the |
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prosecution of an offense committed or on after the effective date |
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of this Act. The prosecution of an offense committed before the |
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effective date of this Act is covered by the law in effect when the |
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offense was committed, and the former law is continued in effort for |
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this purpose. For purposes of this section, an offense is committed |
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before the effective date of this Act if any element of the offense |
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occurs before the effective date. |
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SECTION 3. This Act takes effect September 1, 2013. |