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A BILL TO BE ENTITLED
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AN ACT
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relating to the expunction of arrest records and files relating to |
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an offense for which the person received a discharge and dismissal |
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after successfully completing a term of deferred adjudication |
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community supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 55, Code of Criminal Procedure, is |
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amended by adding Article 55.012 to read as follows: |
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Art. 55.012. EXPUNCTION OF RECORDS AND FILES FOR CERTAIN |
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DEFENDANTS. (a) A person who has been placed under a custodial or |
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noncustodial arrest for an offense is entitled to have all arrest |
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records and files related to the arrest expunged if: |
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(1) the person was placed on deferred adjudication |
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community supervision under Section 5, Article 42.12, for the |
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offense and subsequently received a discharge and dismissal in the |
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case under Section 5(c), Article 42.12; |
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(2) the person has not been convicted of or placed on |
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deferred adjudication community supervision for the commission of |
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any Class B misdemeanor, Class A misdemeanor, or felony committed |
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in the 10-year period preceding the date the petition for |
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expunction is filed; and |
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(3) the person has never been convicted of or placed on |
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deferred adjudication community supervision for: |
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(A) an offense requiring registration as a sex |
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offender under Chapter 62; or |
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(B) an offense listed in Section 3g(a)(1), |
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Article 42.12. |
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(b) The person must submit an ex parte petition for |
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expunction to the court that granted the deferred adjudication |
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community supervision. The petition must be verified and must |
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contain: |
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(1) the information described by Section 2(b), Article |
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55.02; |
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(2) a statement that the person has not been convicted |
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of or placed on deferred adjudication community supervision for the |
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commission of any Class B misdemeanor, Class A misdemeanor, or |
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felony committed in the 10-year period preceding the date the |
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petition for expunction is filed; and |
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(3) a statement that the person has never been |
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convicted of or placed on deferred adjudication community |
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supervision for: |
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(A) an offense requiring registration as a sex |
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offender under Chapter 62; or |
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(B) an offense listed in Section 3g(a)(1), |
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Article 42.12. |
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(c) The petition under this article may be filed only on or |
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after: |
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(1) the fifth anniversary of the discharge and |
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dismissal, if the offense for which the person was placed on |
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deferred adjudication community supervision was a misdemeanor; or |
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(2) the 10th anniversary of the discharge and |
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dismissal, if the offense for which the person was placed on |
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deferred adjudication community supervision was a felony. |
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(d) If the court finds that the petitioner is entitled to |
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expunction of any arrest records and files that are the subject of |
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the petition, the court shall enter an order directing expunction |
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in a manner consistent with the procedures described by Section 1a, |
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Article 55.02. |
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SECTION 2. Section 411.0851(a), Government Code, is amended |
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to read as follows: |
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(a) A private entity that compiles and disseminates for |
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compensation criminal history record information shall destroy and |
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may not disseminate any information in the possession of the entity |
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with respect to which the entity has received notice that: |
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(1) an order of expunction has been issued under |
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Chapter 55 [Article 55.02], Code of Criminal Procedure; or |
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(2) an order of nondisclosure has been issued under |
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Section 411.081(d). |
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SECTION 3. Section 552.1425(a), Government Code, is amended |
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to read as follows: |
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(a) A private entity that compiles and disseminates for |
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compensation criminal history record information may not compile or |
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disseminate information with respect to which the entity has |
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received notice that: |
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(1) an order of expunction has been issued under |
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Chapter 55 [Article 55.02], Code of Criminal Procedure; or |
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(2) an order of nondisclosure has been issued under |
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Section 411.081(d). |
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SECTION 4. This Act takes effect September 1, 2013. |