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A BILL TO BE ENTITLED
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AN ACT
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relating to the right to expunction. |
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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 OF 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 charge 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 |
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described by Subparagraph (ii); or |
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(ii) pardoned or otherwise granted relief |
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on the basis of actual innocence with respect to that offense, if |
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the applicable pardon or court order clearly indicates on its face |
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that the pardon or order was granted or rendered on the basis of the |
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person's actual innocence; or |
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(2) the person has been released and the charge, if |
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any, has not resulted in a final conviction and is no longer pending |
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and there was no court-ordered community supervision under Article |
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42.12 for the offense, unless the offense is a Class C misdemeanor, |
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provided that: |
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(A) regardless of whether any statute of |
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limitations exists for the offense and whether any limitations |
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period for the offense has expired, an indictment or information |
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charging the person with the commission of a misdemeanor offense |
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based on the person's arrest or charging the person with the |
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commission of any felony offense arising out of the same |
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transaction for which the person was arrested: |
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(i) has not been presented against the |
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person at any time following the arrest, and: |
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(a)
at least 180 days have
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elapsed from the date of arrest if the arrest for which the
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expunction was sought was for an offense punishable as a Class C
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misdemeanor and if there was no felony charge arising out of the
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same transaction for which the person was arrested;
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(a)(b) at least 180 days one year |
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has elapsed from the date of arrest if the arrest for which the |
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expunction was sought was for an offense punishable as a Class B or |
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A misdemeanor and if there was no felony charge arising out of the |
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same transaction for which the person was arrested; |
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(b)(c) at least two three years |
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have elapsed from the date of arrest if the arrest for which the |
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expunction was sought was for an offense punishable as a felony or |
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if there was a felony charge arising out of the same transaction for |
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which the person was arrested; or |
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(c)(d) the attorney representing |
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the state certifies that the applicable arrest records and files |
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are not needed for use in any criminal investigation or |
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prosecution, including an investigation or prosecution of another |
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person; or |
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(ii) if presented at any time following the |
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arrest, was dismissed or quashed, and the court finds that the |
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indictment or information was dismissed or quashed (1) because the |
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person completed a pretrial intervention program authorized under |
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Section 76.011, Government Code, (2) because the presentment had |
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been made because of mistake, false information, or other similar |
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reason indicating absence of probable cause at the time of the |
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dismissal to believe the person committed the offense, (3) or |
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because the indictment or information was void; (4) because the |
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person's Class C charge was dismissed pursuant to a plea bargain |
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agreement, in the interest of justice or other similar reason |
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indicating absence of probable cause or the person completed a |
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deferred disposition under Chapter 45 of this Code; or (5) because |
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the person completed a speciality court program authorized by |
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Subtitle K of the Government Code. or
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(B) prosecution of the person for the offense for |
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which the person was arrested is no longer possible because the |
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limitations period has expired. |
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(a-1) Notwithstanding any other provision of this article, |
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a person may not expunge records and files relating to an arrest |
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that occurs pursuant to a warrant issued under Section 21, Article |
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42.12. If the arrest involves additional charges, a person may |
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expunge records and files relating to the additional charges if |
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they otherwise meet the eligibility requirements of this article. |
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(a-2) Notwithstanding any other provision of this article, |
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a person who intentionally or knowingly absconds from the |
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jurisdiction after being released under Chapter 17 following an |
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arrest is not eligible under Subsection (a)(2)(A)(i)(a), (b), or |
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(c) or Subsection (a)(2)(B) for an expunction of the records and |
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files relating to that arrest. |
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(b) Except as provided by Subsection (c), a district court |
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may expunge all records and files relating to the arrest of a person |
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who has been arrested for commission of a felony or misdemeanor |
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under the procedure established under Article 55.02 if: |
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(1) the person is: |
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(A) tried for the offense for which the person |
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was arrested; |
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(B) convicted of the offense; and |
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(C) acquitted by the court of criminal appeals |
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or, if the period for granting a petition for discretionary review |
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has expired, by a court of appeals; or |
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(2) an office of the attorney representing the state |
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authorized by law to prosecute the offense for which the person was |
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arrested recommends the expunction to the appropriate district |
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court before the person is tried for the offense, regardless of |
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whether an indictment or information has been presented against the |
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person in relation to the offense. |
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(c) A court may not order the expunction of records and |
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files relating to an arrest for an offense for which a person is |
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subsequently acquitted, whether by the trial court, a court of |
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appeals, or the court of criminal appeals, if the offense for which |
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the person was acquitted arose out of a criminal episode, as defined |
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by Section 3.01, Penal Code, and the person was convicted of or |
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remains subject to prosecution for at least one other offense |
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occurring during the criminal episode. |
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(d) A person is entitled to have any information that |
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identifies the person, including the person's name, address, date |
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of birth, driver's license number, and social security number, |
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contained in records and files relating to the arrest of another |
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person expunged if: |
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(1) the information identifying the person asserting |
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the entitlement to expunction was falsely given by the person |
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arrested as the arrested person's identifying information without |
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the consent of the person asserting the entitlement; and |
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(2) the only reason for the information identifying |
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the person asserting the entitlement being contained in the arrest |
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records and files of the person arrested is that the information was |
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falsely given by the person arrested as the arrested person's |
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identifying information. |
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(e) No prosecuting attorney may require as a condition for |
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any action in a criminal case that a person waive any rights under |
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this chapter. |
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SECTION 2. This Act takes effect January 1, 2016. |