84R1219 JRR-F
 
  By: Alonzo H.B. No. 3579
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the expunction of records and files relating to an
  offense for which a person is arrested.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 55.01, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 55.01. RIGHT TO EXPUNCTION.  (a)  A person who has been
  placed under a custodial or noncustodial arrest for commission of
  either a felony or misdemeanor is entitled to have all records and
  files relating to the offense for which the person was arrested [the
  arrest] expunged if:
               (1)  the person is tried for the offense for which the
  person was arrested and is:
                     (A)  acquitted by the trial court, except as
  provided by Subsection (c); or
                     (B)  convicted and subsequently:
                           (i)  pardoned for a reason other than that
  described by Subparagraph (ii); or
                           (ii)  pardoned or otherwise granted relief
  on the basis of actual innocence with respect to that offense, if
  the applicable pardon or court order clearly indicates on its face
  that the pardon or order was granted or rendered on the basis of the
  person's actual innocence; or
               (2)  the person has been released and the charge, if
  any, for the offense for which the expunction is sought has been
  dismissed or has not resulted in a final conviction for that
  offense, the charge [and] is no longer pending, and there was no
  court-ordered community supervision under Article 42.12 for that 
  [the] offense[,] unless the offense is a Class C misdemeanor,
  provided that:
                     (A)  regardless of whether any statute of
  limitations exists for the offense and whether any limitations
  period for the offense has expired, an indictment or information
  charging the person with the commission of the [a misdemeanor]
  offense [based on the person's arrest or charging the person with
  the commission of any felony offense arising out of the same
  transaction for which the person was arrested]:
                           (i)  has not been presented against the
  person at any time following the person's arrest, and:
                                 (a)  at least 30 [180] days have
  elapsed from the date of arrest if the offense [arrest] for which
  the expunction was sought was [for an offense] punishable as a Class
  C misdemeanor and if there was no felony charge arising out of the
  same transaction for which the person was arrested;
                                 (b)  at least 90 days have [one year
  has] elapsed from the date of arrest if the offense [arrest] for
  which the expunction was sought was [for an offense] punishable as a
  Class B or A misdemeanor and if there was no felony charge arising
  out of the same transaction for which the person was arrested;
                                 (c)  at least three years have elapsed
  from the date of arrest if the offense [arrest] for which the
  expunction was sought was [for an offense] punishable as a felony or
  if there was a felony charge arising out of the same transaction for
  which the person was arrested; or
                                 (d)  the attorney representing the
  state certifies that the applicable [arrest] records and files are
  not needed for use in any criminal investigation or prosecution,
  including an investigation or prosecution of another person; or
                           (ii)  if presented at any time following the
  person's arrest, was dismissed or quashed, and the court finds that
  the indictment or information was dismissed or quashed because the
  person completed a pretrial intervention program authorized under
  Section 76.011, Government Code, because the presentment had been
  made because of mistake, false information, or other similar reason
  indicating absence of probable cause at the time of the dismissal to
  believe the person committed the offense, or because the indictment
  or information was void; or
                     (B)  prosecution of the person for the offense for
  which the person was arrested is no longer possible because the
  limitations period has expired.
         (a-1)  Notwithstanding any other provision of this article,
  a person may not expunge offense records and files if the applicable 
  [relating to an] arrest occurred [that occurs] pursuant to a
  warrant issued under Section 21, Article 42.12.
         (a-2)  Notwithstanding any other provision of this article,
  a person who intentionally or knowingly absconds from the
  jurisdiction after being released under Chapter 17 following an
  arrest is not eligible under Subsection (a)(2)(A)(i)(a), (b), or
  (c) or Subsection (a)(2)(B) for an expunction of the records and
  files relating to that arrest and to the proceedings conducted
  under Chapter 17.
         (b)  Except as provided by Subsection (c), a district court
  may expunge all records and files relating to the offense with
  respect to [arrest of] a person who has been arrested for commission
  of a felony or misdemeanor under the procedure established under
  Article 55.02 if:
               (1)  the person is:
                     (A)  tried for the offense [for which the person
  was arrested];
                     (B)  convicted of the offense; and
                     (C)  acquitted by the court of criminal appeals
  or, if the period for granting a petition for discretionary review
  has expired, by a court of appeals; or
               (2)  an office of the attorney representing the state
  authorized by law to prosecute the offense for which the person was
  arrested recommends the expunction to the appropriate district
  court before the person is tried for the offense, regardless of
  whether an indictment or information has been presented against the
  person in relation to the offense.
         (c)  A court may not order the expunction of records and
  files relating to [an arrest for] an offense for which a person is
  subsequently acquitted, whether by the trial court, a court of
  appeals, or the court of criminal appeals, if the offense for which
  the person was acquitted arose out of a criminal episode, as defined
  by Section 3.01, Penal Code, and the person was convicted of or
  remains subject to prosecution for at least one other offense
  occurring during the criminal episode.
         (d)  A person is entitled to have expunged any information
  that identifies the person, including the person's name, address,
  date of birth, driver's license number, and social security number,
  contained in records and files relating to another person's [the]
  arrest or to any ensuing criminal proceedings based on that arrest 
  [of another person expunged] if:
               (1)  the information identifying the person asserting
  the entitlement to expunction was falsely given by the person
  arrested as the arrested person's identifying information without
  the consent of the person asserting the entitlement; and
               (2)  the only reason for the information identifying
  the person asserting the entitlement being contained in the
  [arrest] offense records and files of the person arrested is that
  the information was falsely given by the person arrested as the
  arrested person's identifying information.
         SECTION 2.  Section 2a(b), Article 55.02, Code of Criminal
  Procedure, is amended to read as follows:
         (b)  The application must be verified, include authenticated
  fingerprint records of the applicant, and include the following or
  an explanation for why one or more of the following is not included:
               (1)  the applicant's full name, sex, race, date of
  birth, driver's license number, social security number, and address
  at the time the person who falsely identified himself or herself as
  the applicant was arrested;
               (2)  the following information regarding the arrest:
                     (A)  the date of arrest;
                     (B)  the offense charged against the person
  arrested;
                     (C)  the name of the county or municipality in
  which the arrest occurred; and
                     (D)  the name of the arresting agency; and
               (3)  a statement that:
                     (A)  the applicant is not the person arrested and
  for whom the applicable [arrest] records and files were created;
  and
                     (B)  the applicant did not give the person
  arrested consent to falsely identify himself or herself as the
  applicant.
         SECTION 3.  Section 3(a), Article 55.02, Code of Criminal
  Procedure, is amended to read as follows:
         (a)  In an order of expunction issued under this article, the
  court shall require any state agency that sent information
  concerning the offense [arrest] to a central federal depository to
  request the depository to return all records and files subject to
  the order of expunction. The person who is the subject of the
  expunction order or an agency protesting the expunction may appeal
  the court's decision in the same manner as in other civil cases.
         SECTION 4.  Section 4(a-1), Article 55.02, Code of Criminal
  Procedure, is amended to read as follows:
         (a-1)  The court shall provide in its expunction order that
  the applicable law enforcement agency and prosecuting attorney may
  retain the offense [arrest] records and files of any person who
  becomes entitled to an expunction of those records and files based
  on the expiration of a period described by Article
  55.01(a)(2)(A)(i)(a), (b), or (c), but without the certification of
  the prosecuting attorney as described by Article
  55.01(a)(2)(A)(i)(d).
         SECTION 5.  Article 55.03, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 55.03.  EFFECT OF EXPUNCTION. When the order of
  expunction is final:
               (1)  the release, maintenance, dissemination, or use of
  the expunged records and files for any purpose is prohibited;
               (2)  except as provided in Subdivision (3) [of this
  article], the person arrested may deny:
                     (A)  the occurrence of the arrest and any ensuing
  criminal proceedings based on the arrest; and
                     (B)  the existence of the expunction order; and
               (3)  the person arrested or any other person, when
  questioned under oath in a criminal proceeding about an offense 
  [arrest] for which the records have been expunged, may state only
  that the matter in question has been expunged.
         SECTION 6.  Section 1, Article 55.04, Code of Criminal
  Procedure, is amended to read as follows:
         Sec. 1.  A person who, [acquires knowledge of an arrest]
  while an officer or employee of the state or of any agency or other
  entity of the state or any political subdivision of the state,
  acquires knowledge of an arrest or of criminal proceedings based on
  that arrest and who knows of an order expunging the records and
  files relating to the applicable offense [that arrest] commits an
  offense if he knowingly releases, disseminates, or otherwise uses
  the records or files.
         SECTION 7.  This Act applies to an expunction of records and
  files relating to any criminal offense that occurred before, on, or
  after the effective date of this Act.
         SECTION 8.  This Act takes effect September 1, 2015.