83R9874 JSC-D

By: West S.B. No. 1211

A BILL TO BE ENTITLED

AN ACT

relating to the expunction of arrest records and files relating to an offense for which the person received a discharge and dismissal after successfully completing a term of deferred adjudication community supervision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 55, Code of Criminal Procedure, is amended by adding Article 55.012 to read as follows:

Art. 55.012. EXPUNCTION OF RECORDS AND FILES FOR CERTAIN DEFENDANTS. (a) A person who has been placed under a custodial or noncustodial arrest for an offense is entitled to have all arrest records and files related to the arrest expunged if:

(1) the person was placed on deferred adjudication community supervision under Section 5, Article 42.12, for the offense and subsequently received a discharge and dismissal in the case under Section 5(c), Article 42.12;

(2) the person has not been convicted of or placed on deferred adjudication community supervision for the commission of any Class B misdemeanor, Class A misdemeanor, or felony committed in the 10-year period preceding the date the petition for expunction is filed; and

(3) the person has never been convicted of or placed on deferred adjudication community supervision for:

(A) an offense requiring registration as a sex offender under Chapter 62; or

(B) an offense listed in Section 3g(a)(1), Article 42.12.

(b) The person must submit an ex parte petition for expunction to the court that granted the deferred adjudication community supervision. The petition must be verified and must contain:

(1) the information described by Section 2(b), Article 55.02;

(2) a statement that the person has not been convicted of or placed on deferred adjudication community supervision for the commission of any Class B misdemeanor, Class A misdemeanor, or felony committed in the 10-year period preceding the date the petition for expunction is filed; and

(3) a statement that the person has never been convicted of or placed on deferred adjudication community supervision for:

(A) an offense requiring registration as a sex offender under Chapter 62; or

(B) an offense listed in Section 3g(a)(1), Article 42.12.

(c) The petition under this article may be filed only on or after:

(1) the fifth anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication community supervision was a misdemeanor; or

(2) the 10th anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication community supervision was a felony.

(d) If the court finds that the petitioner is entitled to expunction of any arrest records and files that are the subject of the petition, the court shall enter an order directing expunction in a manner consistent with the procedures described by Section 1a, Article 55.02.

SECTION 2. Section 411.0851(a), Government Code, is amended to read as follows:

(a) A private entity that compiles and disseminates for compensation criminal history record information shall destroy and may not disseminate any information in the possession of the entity with respect to which the entity has received notice that:

(1) an order of expunction has been issued under Chapter 55 [Article 55.02], Code of Criminal Procedure; or

(2) an order of nondisclosure has been issued under Section 411.081(d).

SECTION 3. Section 552.1425(a), Government Code, is amended to read as follows:

(a) A private entity that compiles and disseminates for compensation criminal history record information may not compile or disseminate information with respect to which the entity has received notice that:

(1) an order of expunction has been issued under Chapter 55 [Article 55.02], Code of Criminal Procedure; or

(2) an order of nondisclosure has been issued under Section 411.081(d).

SECTION 4. This Act takes effect September 1, 2013.