84R8785 JSC-F
 
  By: Whitmire S.B. No. 1874
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to accessing criminal history record information and other
  records of involvement in the criminal justice system; authorizing
  fees; authorizing a civil penalty; creating criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a)  This Act may be cited as the Modern
  Electronic Records in Texas Act or the MERIT Act.
         (b)  The legislature finds that:
               (1)  Texas has an extensive program for sharing
  information concerning criminal activity among thousands of
  agencies;
               (2)  some criminal history record information is
  confidential and unavailable to the public;
               (3)  public access to records that identify a person's
  involvement in criminal activity is vital to public safety, but
  some privacy is also vital to public safety;
               (4)  criminal records effectively punish people by
  limiting opportunities for employment, housing, education, credit,
  and other essential items;
               (5)  recidivism is more likely, and rehabilitation less
  likely, when criminal history record information is published; and
               (6)  the state, and not private data miners, must
  determine what punishment or publication is appropriate.
  Consequently this chapter states the legislature's judgment as to
  what degree of privacy will best promote public safety in the
  digital age.
         (c)  This Act is intended to:
               (1)  define what criminal history record information
  may be accessed by agencies and the public;
               (2)  remove financial incentive for data miners to
  publish nonconviction records on the Internet; and
               (3)  establish a prompt and efficient means of
  correcting, sealing, and expunging certain criminal history record
  information.
         SECTION 2.  The heading to Chapter 60, Code of Criminal
  Procedure, is amended to read as follows:
  CHAPTER 60.  CRIMINAL HISTORY RECORD COLLECTION [SYSTEM]
         SECTION 3.  Title 1, Code of Criminal Procedure, is amended
  by adding Chapter 60A to read as follows:
  CHAPTER 60A.  CRIMINAL HISTORY RECORD ACCESS
  SUBCHAPTER A.  GENERAL PROVISIONS
         Art. 60A.01.  DEFINITIONS. (a)  In this chapter:
               (1)  "Criminal history record information" means
  information collected about a person by a criminal justice agency
  that consists of identifiable descriptions and notations of
  arrests, citations, detentions, indictments, informations, and
  other formal criminal charges and their dispositions. The term
  does not include:
                     (A)  identification information, including
  fingerprint records, to the extent that the identification
  information does not indicate involvement of the person in the
  criminal justice system; or
                     (B)  driving record information maintained by the
  department under Subchapter C, Chapter 521, Transportation Code.
               (2)  "Data miner" means any private person who collects
  government information for the purpose of reselling that
  information to others.
               (3)  "Deferred adjudication" means:
                     (A)  deferred adjudication community supervision
  under Section 5, Article 42.12;
                     (B)  placement on probation for a deferred
  disposition under Article 45.051; or
                     (C)  any other disposition in which:
                           (i)  the defendant enters a plea of guilty or
  nolo contendere;
                           (ii)  the judge places the person under the
  supervision of the court or an officer under the supervision of the
  court;
                           (iii)  at the end of the period of
  supervision or probation the judge does not enter a judgment of
  conviction or vacates a judgment of conviction previously entered;
  and
                           (iv)  at the end of the period of supervision
  or probation the judge dismisses the proceedings and discharges the
  defendant.
               (4)  "Department" means the Department of Public
  Safety.
               (5)  "Expunge" and "expunction" mean the physical
  destruction or alteration of records so that no possibility exists
  that any person could use the records to identify a particular
  person as having been accused of involvement in criminal activity.
               (6)  "Nonconviction records" means criminal history
  record information that does not include a disposition by
  conviction or deferred adjudication, including records of arrest,
  citation, detention, charges, and court proceedings where no
  disposition by conviction or deferred adjudication occurs.
               (7)  "Office of court administration" means the Office
  of Court Administration of the Texas Judicial System.
               (8)  "Record" means any writing or photograph,
  including:
                     (A)  any letters, words, or numbers or their
  equivalent, set down by handwriting, typewriting, printing,
  photostating, photographing, magnetic impulse, mechanical or
  electronic recording, or other form of data compilation; and
                     (B)  still photographs, x-ray films, videotapes,
  and motion pictures set down by any method listed in Paragraph (A).
               (9)  "Seal" means a procedure by which state and local
  agencies may retain criminal history record information but are
  required to withhold that information from public access.
               (10)  "Sensitive service agency" means a governmental
  or nongovernmental agency, other than a criminal justice agency,
  that has a compelling reason to access sealed records.
         (b)  A term that is used in this chapter but is not defined by
  Subsection (a) has the meaning assigned by Chapter 60.
         Art. 60A.02.  WAIVER OF RIGHTS CONCERNING CRIMINAL RECORDS.
  An explicit or implicit waiver of any right to seal, expunge, or
  correct criminal history records under this chapter is not
  effective unless:
               (1)  the waiver is written in the primary language of
  the waiving party;
               (2)  the waiver contains a warning that criminal
  history record information that cannot be sealed, expunged, or
  corrected may have serious consequences for the waiving party's
  future employment, education, housing, and credit;
               (3)  the waiver contains a recommendation that the
  waiving party consult an attorney before agreeing to the waiver,
  and describes the waiving party's options for consulting an
  attorney, including the option to seek appointed counsel under
  Article 1.051 or 26.04; and
               (4)  the content of the written waiver, including the
  dangers and disadvantages of waiving rights under this chapter, is
  discussed orally with the waiving party by a qualified person who
  attests to the discussion in the waiver.
  SUBCHAPTER B. DEPARTMENT OF PUBLIC SAFETY: DISSEMINATION
  OF AND ACCESS TO RECORDS
         Art. 60A.11.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION.
  (a)  A criminal justice agency may access any criminal history
  record information necessary to:
               (1)  conduct any activity included in the
  administration of criminal justice; or
               (2)  screen applicants for employment with a criminal
  justice agency.
         (b)  A sensitive service agency may access all conviction and
  deferred adjudication records, except for records of Class C
  misdemeanors, maintained by the department, whether sealed or
  unsealed, for the purpose for which access was granted to the
  agency.
         (c)  Any person may access for any purpose:
               (1)  all records of convictions, other than for a Class
  C misdemeanor;
               (2)  all records of deferred adjudications, other than
  deferred dispositions granted for a Class C misdemeanor, that are
  not sealed;
               (3)  all nonconviction records, including records of
  arrests, citations, detentions, charges, and court proceedings not
  ending in conviction, that:
                     (A)  a criminal justice agency chooses to make
  available under this chapter and Section 552.108, Government Code;
  or 
                     (B)  a judicial agency chooses to make available
  under the applicable court rules and this chapter.
         (d)  Any individual, or that individual's attorney or other
  legal representative acting in a fiduciary capacity, may access any
  criminal history record information identifying that individual,
  for any purpose.
         Art. 60A.12.  ACCESS FEES. (a)  The department is the only
  agency authorized to charge a fee for access to criminal history
  record information.  A state or local agency other than the
  department may not charge a fee for providing access to criminal
  history record information.
         (b) The department may not charge a fee to provide criminal
  history record information in response to an inquiry from:
               (1)  a criminal justice agency;
               (2)  the office of capital writs; or
               (3)  an appointed defense counsel who affirms that the
  information is needed to represent an indigent defendant.
         (c)  The department may charge a fee of:
               (1)  $10 for each public inquiry for criminal history
  record information on a person that is processed only on the basis
  of the person's name, unless the inquiry is submitted
  electronically, in which event the fee is $1;
               (2)  $15 for each public inquiry for criminal history
  record information on a person that is processed on the basis of a
  fingerprint comparison search; and
               (3)  an amount sufficient to recover all costs directly
  or indirectly incurred by the department in providing accurate,
  relevant, and updated criminal history record information in
  response to any inquiry for criminal history record information
  from a data miner.
         Art. 60A.13.  NATURE OF RECORDS. The department at all times
  retains ownership of data maintained in the department's records,
  including records containing criminal history record information,
  and may only license the use of the department's data for a period
  of not more than 90 days, unless the department specifies another
  period by rule.
         Art. 60A.14.  INTERNET WEBSITE. The department shall
  consult with the office of court administration and the attorney
  general as the department considers necessary to create and
  maintain an Internet website that:
               (1)  uses electronic means to facilitate access to all
  criminal history record information described in this chapter;
               (2)  provides access to this chapter and all rules
  adopted under this chapter;
               (3)  effectively communicates how a person may access,
  seal, and expunge records under this chapter without legal
  representation; 
               (4)  notifies the person who accesses criminal history
  record information of applicable criminal penalties; and
               (5)  contains the following warning: 
         "CRIMINAL HISTORY RECORDS CHANGE OVER TIME. Records often
  change due to further investigation of facts, reporting errors, and
  decisions made by prosecutors and judges. Check the date on each
  record obtained from this website. The older the date, the less
  trustworthy the record."
         Art. 60A.15.  RULES. (a) The department shall adopt rules
  to administer this chapter.
         (b)  Rules adopted under this article must provide for:
               (1)  a uniform method of requesting criminal history
  record information from the department;
               (2)  the methods and formats for dissemination of
  criminal history record information;
               (3)  security measures and policies that are designed
  to guard against unauthorized release or dissemination of criminal
  history record information that is maintained by the department;
               (4)  a uniform method of requesting that the department
  seal the department's records and notifying other agencies to seal
  records possessed by the agency under Subchapter G; and
               (5)  the transmission of information among agencies by
  electronic means whenever possible and in accordance with record
  transmission procedures adopted by the office of court
  administration.
         (c)  The department may adopt rules requiring a person
  requesting criminal history record information to submit any
  specific information considered necessary by the department.
  SUBCHAPTER C. ACCESS GRANTED BY DEPARTMENT TO CERTAIN
  SENSITIVE SERVICE AGENCIES
         Art. 60A.21.  ACCESS PROVIDED TO SENSITIVE SERVICE AGENCIES.
  (a) Sensitive service agencies may access deferred adjudication
  records from the department even if those records are subject to an
  order of sealing under Subchapter G.
         (b)  The following are considered to be sensitive service
  agencies under this chapter:
               (1)  the State Board for Educator Certification;
               (2)  a school district, charter school, public school,
  private school, or regional education service center;
               (3)  the Texas Medical Board;
               (4)  the Texas School for the Blind and Visually
  Impaired;
               (5)  the Texas Board of Law Examiners;
               (6)  the State Bar of Texas;
               (7)  a district court regarding a petition for name
  change under Subchapter B, Chapter 45, Family Code;
               (8)  the Texas School for the Deaf;
               (9)  the Department of Family and Protective Services;
               (10)  the Texas Department of Juvenile Justice;
               (11)  the Department of Assistive and Rehabilitative
  Services;
               (12)  the Department of State Health Services, a local
  mental health service, a local intellectual and developmental
  disability authority, or a community center providing services to
  persons with mental illness or intellectual disabilities;
               (13)  the Texas Private Security Board;
               (14)  a municipal or volunteer fire department;
               (15)  the Texas Board of Nursing;
               (16)  a safe house providing shelter to children in
  harmful situations;
               (17)  a public or nonprofit hospital or hospital
  district, or a facility defined by Section 250.001, Health and
  Safety Code;
               (18)  the securities commissioner, the banking
  commissioner, the savings and mortgage lending commissioner, the
  consumer credit commissioner, and the credit union commissioner;
               (19)  the Texas State Board of Public Accountancy;
               (20)  the Texas Department of Licensing and Regulation;
               (21)  the Health and Human Services Commission;
               (22)  the Department of Aging and Disability Services;
               (23)  the Texas Education Agency;
               (24)  the Judicial Branch Certification Commission;
               (25)  every county clerk's office in relation to a
  proceeding for the appointment of a guardian under Title 3, Estates
  Code;
               (26)  the Department of Information Resources;
               (27)  the Court Reporters Certification Advisory
  Board;
               (28)  the Texas Department of Insurance;
               (29)  the Teacher Retirement System of Texas;
               (30)  the Texas State Board of Pharmacy; and
               (31)  contractors and subcontractors only for purposes
  of compliance with an explicit term addressing criminal history
  record information that is stated in a contract with a special
  services agency.
         (c)  The department by rule may designate an additional
  agency as a sensitive services agency if:
               (1)  the agency primarily serves vulnerable
  populations and has a demonstrated need for access to the
  information; and
               (2)  the senate and house committees with jurisdiction
  over criminal justice issues consent to the addition.
         Art. 60A.22.  WRITTEN PROCEDURES.  A sensitive service
  agency may not access sealed records unless the agency adopts
  written procedures specifying how criminal history record
  information may disqualify an applicant from employment,
  licensure, housing, or educational benefit.  Each procedure must
  state the manner in which an agency official will determine on a
  case-by-case basis whether the applicant is qualified based on
  factors that include:
               (1)  the specific responsibilities that the applicant
  seeks to undertake;
               (2)  the nature and seriousness of each offense
  committed by the applicant;
               (3)  the period that elapsed between each offense and
  the agency decision on the application; and
               (4)  the efforts made by the applicant toward
  rehabilitation.
  SUBCHAPTER D. PRIVATE ENTITIES
         Art. 60A.31.  ACCESS PROVIDED BY DATA MINERS; PROHIBITED
  ACTS. (a) A person may directly or indirectly purchase criminal
  history record information from the department and resell that
  information subject to any license granted by the department.
         (b)  A person may not directly or indirectly cause the
  purchase or sale of criminal history record information that is not
  subject to a department license of use.
         Art. 60A.32.  DUTIES OF DATA MINERS. (a) Each person who
  purchases from the department criminal history record information
  for resale to others shall destroy all records of the information,
  including all paper copies and all copies that may be distributed by
  electronic means, within the person's possession or control with
  respect to which the person has received notice that:
               (1)  the department or a court issued an order of
  sealing covering the information under Subchapter G;
               (2)  a court issued an order of expunction covering the
  information under Subchapter H; or
               (3)  a period of at least 90 days, or another period
  prescribed by department rule, has passed since the department
  provided the information.
         (b)  Each person who purchases from the department criminal
  history record information for resale to others must:
               (1)  maintain an e-mail account to receive electronic
  service of orders issued in response to petitions for expunction or
  nondisclosure under this chapter;
               (2)  provide the e-mail address described by
  Subdivision (1) to the department and to the district clerk in every
  county;
               (3)  monitor the e-mail account described by
  Subdivision (1) at least once each week; and
               (4)  comply with each order of expunction and with each
  order of sealing issued under this chapter.
  SUBCHAPTER E. LOCAL AGENCIES
         Art. 60A.41.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION
  PROVIDED BY OTHER GOVERNMENT AGENCIES. (a) A judicial or executive
  agency, other than the department, may permit public access to
  criminal history record information that the agency creates and
  maintains in the regular course of performing the agency's official
  duties, subject to the requirements of this chapter.
         (b)  An agency other than the department may not directly or
  indirectly charge any person any fee for providing access to
  criminal history record information.
         Art. 60A.42.  ACCESS TO NONCONVICTION INFORMATION PROVIDED
  BY OTHER GOVERNMENT AGENCIES. An agency other than the department
  may provide public access to nonconviction criminal history record
  information only if:
               (1)  the agency warns the person accessing the records
  that state law imposes civil and criminal penalties on anyone who
  knowingly causes nonconviction records to be purchased or sold;
               (2)  the agency provides access to records:
                     (A)  only at the agency's physical office, and not
  remotely by electronic means;
                     (B)  for one individual at a time, and not in bulk;
                     (C)  in a format that omits the subject's social
  security number and other personal identifying information
  commonly sought by identity thieves; and
                     (D)  in accordance with rules prescribed by the
  office of court administration for judicial agencies, and by the
  attorney general for executive agencies, to prevent the bulk
  dissemination of searchable nonconviction records.
         Art. 60A.43.  DUTIES OF AGENCY MAKING CRIMINAL HISTORY
  RECORD INFORMATION AND NONCONVICTION RECORDS AVAILABLE TO PUBLIC.
  Each agency that chooses to make criminal history record
  information or nonconviction records available to the public must:
               (1)  maintain an e-mail account to receive electronic
  service of hearings and orders issued in response to petitions for
  expunction or sealing under this chapter;
               (2)  provide the e-mail address described by
  Subdivision (1) to the department and to the district clerk in each
  county within the agency's jurisdiction;
               (3)  monitor the e-mail account described by
  Subdivision (1) at least once each week; and
               (4)  comply with each order of expunction and with each
  order of sealing issued under this chapter.
  SUBCHAPTER F. PROHIBITED ACTS; OFFENSES; CIVIL PENALTIES
         Art. 60A.51.  PROHIBITED ACTS. (a)  A person may not
  directly or indirectly purchase or sell any form of public access to
  any nonconviction record for any amount of money or other valuable
  consideration.
         (b)  A person who has accessed criminal history record
  information for one purpose may not use that information for a
  different purpose, or make the information available to different
  persons, unless specifically authorized by statute, department
  rule, or court order.
         (c)  A person may not confirm the existence or absence of
  criminal history record information to any person who is not
  authorized to access the information.
         Art. 60A.52.  BULK DISTRIBUTION PROHIBITED. (a) The
  department may not sell or otherwise provide public access to
  criminal history record information in any bulk form.
         (b)  The department may sell the means to access one
  individual's record for a single request, and prominently display
  the date that the department provided each record.
         Art. 60A.53.  SUSPENSION OF ACCESS BY DEPARTMENT. (a) The
  department shall suspend a person's access to criminal history
  record information maintained by the department if the person
  violates or fails to comply with:
               (1)  rules adopted by the department under this
  chapter; or
               (2)  rules adopted by the Federal Bureau of
  Investigation that relate to the dissemination or use of criminal
  history record information.
         (b)  The department shall set the length of a person's
  suspension under this article for a period calculated to ensure the
  person's complete compliance with department rules in the future.
         Art. 60A.54.  OFFENSE: UNAUTHORIZED USE OR DISCLOSURE. (a)
  A person commits an offense if the person knowingly:
               (1)  obtains criminal history record information in a
  manner other than as authorized by this chapter;
               (2)  uses criminal history record information for a
  purpose other than as authorized by this chapter; or
               (3)  discloses criminal history record information to a
  person who is not entitled to the information under this chapter or
  department rules.
         (b)  An offense under this article is a Class B misdemeanor,
  except that the offense is a felony of the second degree if the
  offense is committed for remuneration or the promise of
  remuneration.
         Art. 60A.55.  OFFENSE: PURCHASE OR SALE OF NONCONVICTION
  RECORDS. (a) A person commits an offense if the person knowingly
  purchases or sells nonconviction records.
         (b)  An offense under this article is a felony of the second
  degree.
         (c)  For purposes of this article, a person purchases or
  sells access to nonconviction records if the person causes or
  employs another to cause the content of more than 10 nonconviction
  records to be made available by any form of search criteria in
  direct or indirect exchange for money or other valuable
  consideration, or for the promise of anything of value.
         Art. 60A.56.  CIVIL LIABILITY. (a) A person may not:
               (1)  obtain criminal history records in a manner other
  than as authorized by this chapter;
               (2)  use the records for a purpose other than as
  authorized by this chapter; or
               (3)  disclose the information to a person who is not
  entitled to the information under this chapter or department rules.
         (b)  A person who violates Subsection (a) is liable to each
  subject of the criminal history record information for:
               (1)  a civil penalty of $1,000; and
               (2)  actual damages sustained as a result of the
  violation.
         (c)  A person who prevails in an action brought under this
  article is entitled to recover court costs and reasonable
  attorney's fees.
  SUBCHAPTER G. LIMITING ACCESS BY SEALING
         Art. 60A.61.  AUTOMATIC SEALING OF NONCONVICTION RECORDS
  AFTER CHARGES ARE REJECTED OR DISMISSED. (a) Each time the state
  files a document with a municipal, justice, county, or district
  clerk in which the state dismisses or rejects a case, complaint,
  information, or indictment, the clerk shall transmit to the
  department:
               (1)  the state's filed document; and
               (2)  any other information that the department requires
  to seal the records associated with the dismissed or rejected
  charges.
         (b)  The clerk shall transmit by electronic means all
  information required by the department in a single transmission not
  later than the fifth business day after the date the document is
  filed under Subsection (a).
         (c)  Not later than the 10th business day after the date a
  document described by Subsection (a) is filed, the state may
  prevent automatic sealing of nonconviction records under this
  article by notifying the department that the state intends to
  pursue different charges arising from the same incident.
         (d)  Not earlier than the 11th business day but not later
  than the 15th business day after the date the department receives
  notice of a document filed under Subsection (a), if the department
  has not received notice from the state under Subsection (c), the
  department shall cause all records related to the charge and the
  arrest or citation to be automatically sealed under Article 60A.64.
         Art. 60A.62.  COURT SEALING WHEN CHARGES DELAYED. (a)  A
  person who has been arrested or issued a citation for commission of
  an offense may make a motion to seal records related to the arrest
  or citation if no information or indictment is pending, and all
  complaints that produced the arrest or citation:
               (1)  are pending; or
               (2)  were dismissed or rejected.
         (b)  A motion under Subsection (a) must be made in the court
  where a charge based on the arrest or citation was last pending. A
  cost or fee is not required to file or adjudicate the motion.
         (c)  The court shall notify the state of a hearing on the
  motion not later than the fifth business day before the date of the
  hearing. If the state files an indictment or information before the
  date of the hearing, the court shall deny the motion without a
  hearing.
         (d)  On hearing, the court shall order records of any arrest
  or citation subject to delayed, rejected, or dismissed charges to
  be sealed if:
               (1)  the court finds sealing the records to be in the
  best interest of justice; or
               (2)  the following period has passed after the arrest
  or citation with no information or indictment pending:
                     (A)  three months if the only offenses charged by
  complaint on arrest or citation were Class C misdemeanors;
                     (B)  six months if a Class B or A misdemeanor was
  charged by complaint on arrest, but no felony was charged; and
                     (C)  one year if any felony was charged by
  complaint on arrest.
         (e)  The clerk shall forward to the department by electronic
  means each order sealing records under this article. On receiving
  an order sealing records, the department shall cause all records
  related to the charge and the arrest or citation to be sealed as
  provided in the court's order.
         (f)  The office of court administration shall prescribe and
  publish on its Internet website a form that courts may use to issue
  orders under this article.
         Art. 60A.63.  ORDER OF DISCHARGE AND DISMISSAL OF DEFERRED
  ADJUDICATION. (a)  Any time after expiration of a period of
  deferred adjudication or probation, the defendant may file a motion
  under the criminal cause number to seek an order of discharge and
  dismissal. A cost or fee is not required to file or adjudicate the
  motion.
         (b)  If the defendant is eligible for an order of discharge
  and dismissal, the court shall promptly grant a motion under this
  subchapter.
         (c)  The effective date of each discharge and dismissal for
  purposes of this subchapter is the date that the period of deferred
  adjudication or probation expired or was successfully completed by
  the defendant, not the date on which the court entered the order.
  The effective date must be written on each order of discharge and
  dismissal.
         (d)  Each order of discharge and dismissal shall state:
               "If the defendant meets all requirements for automatic
  sealing of criminal history record information under Subchapter G,
  Chapter 60A, Code of Criminal Procedure, the defendant's records of
  the offenses at issue in this cause shall be sealed."
         (e)  The court clerk shall provide one certified copy of each
  order of discharge and dismissal to the defendant without charge.
         Art. 60A.64.  AUTOMATIC SEALING AFTER DISCHARGE AND
  DISMISSAL. (a)  A defendant placed on deferred adjudication is
  eligible for automatic sealing under this subchapter:
               (1)  on:
                     (A)  the effective date of the discharge and
  dismissal if the offense for which the person was placed on deferred
  adjudication was a misdemeanor other than a misdemeanor described
  in Paragraph (B);
                     (B)  the second anniversary of the effective date
  of the discharge and dismissal if the offense for which the person
  was placed on deferred adjudication was a misdemeanor offense
  involving violence under Chapter 20, 21, 22, 25, 42, or 46, Penal
  Code; or
                     (C)  the fifth anniversary of the effective date
  of the discharge and dismissal if the offense for which the person
  was placed on deferred adjudication was a felony; and
               (2)  provided that the defendant:
                     (A)  was not convicted or placed on deferred
  adjudication for any offense during the entire period of deferred
  adjudication and waiting period under Subdivision (1), other than
  an offense under the Transportation Code punishable by fine only;
  and
                     (B)  has never been convicted or placed on
  deferred adjudication for:
                           (i)  an offense requiring registration as a
  sex offender under Chapter 62;
                           (ii)  an offense under Section 20.04, Penal
  Code, regardless of whether the offense is a reportable conviction
  or adjudication for purposes of Chapter 62;
                           (iii)  an offense under Section 19.02,
  19.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal Code; or
                           (iv)  any felony offense involving family
  violence, as defined by Section 71.004, Family Code.
         (b)  If the agency responsible for a defendant's community
  supervision or probation concludes that the defendant is eligible
  for automatic sealing under this article, the agency shall notify
  the state.
         (c)  If the state objects to automatic sealing and, not later
  than the 10th business day after the date the state receives notice
  that the defendant is eligible for automatic sealing, notifies the
  agency responsible for the defendant's supervision or probation of
  the objection, the records may not be automatically sealed.
         (d)  If the agency responsible for the defendant's
  supervision or probation does not receive a timely objection from
  the state as described by Subsection (c), the agency shall, on or
  after the 11th business day after the date the agency notifies the
  state under Subsection (b):
               (1)  promptly notify the department that the defendant
  is eligible for automatic sealing; and
               (2)  provide the department with a copy of the order of
  discharge and dismissal and all information regarding the criminal
  history record information to be sealed that the department
  requires.
         (e)  On receipt of an order of discharge and dismissal and
  the appropriate agency's statement that the defendant is eligible
  for automatic sealing, the department shall cause to be sealed all
  criminal history records related to the offense for which the
  person was placed on deferred adjudication.
         Art. 60A.65.  COURT SEALING DEFERRED ADJUDICATION RECORDS BY
  MOTION.  (a)  If the agency responsible for the defendant's
  supervision or probation declines to automatically seal criminal
  history record information under Article 60A.64, the defendant may
  file a motion to seal the records.
         (b)  A motion under this article must be filed under the
  criminal cause number and in the court that placed the defendant on
  deferred adjudication.
         (c)  In ruling on a motion under this article, the court must
  make a finding as to whether the defendant is eligible for record
  sealing under Article 60A.64. If the court does not make a finding
  that the defendant is eligible, the court may not order the records
  sealed.
         (d)  If the defendant is eligible for record sealing under
  Article 60A.64, the court shall decide whether to order the records
  sealed based on the court's determination of the best interest of
  justice.
         (e)  In response to a motion under this article, the court
  shall enter an order sealing the deferred adjudication records or
  deny the motion. If the court orders records sealed, the clerk
  shall electronically transmit the order to the department.
         (f)  Not later than the 10th business day after the date the
  department receives an order under this article, the department
  shall cause the records to be sealed as provided in the order.
         Art. 60A.66.  UNSEALING OF DEFERRED ADJUDICATION RECORDS BY
  MOTION.  (a)  At any time before the second anniversary of the date
  criminal history record information is sealed under Article 60A.64
  or 60A.65, the state may file a motion to unseal the records.
         (b)  A motion under this article must be filed under the
  criminal cause number and in the court that placed the defendant on
  deferred adjudication.
         (c)  In ruling on a motion under this article, the court
  shall determine whether the defendant is eligible for record
  sealing under Article 60A.64. If the court determines the
  defendant is ineligible under that article, the court may not order
  the records to remain sealed.
         (d)  If the defendant is eligible for record sealing under
  Article 60A.64, the court shall decide whether to order the records
  unsealed based on the court's determination of the best interest of
  justice.
         (e)  In response to a motion under this article, the court
  shall enter an order unsealing the deferred adjudication records or
  an order directing the records to remain sealed. If the court
  orders sealed records to be unsealed, the clerk shall
  electronically transmit the order to the department.
         (f)  Not later than the 10th business day after the date the
  department receives an order under this article, the department
  shall cause the records to be unsealed as provided in the order.
         Art. 60A.67.  SEALING PROCEDURE AND EFFECT. (a) If the
  department is required to cause records to be sealed under this
  subchapter, not later than the 10th business day after the date that
  the department receives the information that the department
  requires to seal records, the department shall:
               (1)  seal the department's own records;
               (2)  prepare a document: 
                     (A)  stating: "By order of court and operation of
  Subchapter G, Chapter 60A, Code of Criminal Procedure, please take
  notice that within 30 days, you must take all actions necessary to
  prevent public access to the following records in your custody or
  control."; and 
                     (B)  indicating all of the criminal history record
  information needing to be sealed; and
               (3)  transmit by electronic means the document
  described by Subdivision (2) to each:
                     (A)  magistrate, court, prosecuting attorney,
  correctional facility, central state depository of criminal
  records, and any other official or agency or other entity of this
  state or of a political subdivision of this state;
                     (B)  central federal depository of criminal
  records if there is reason to believe that depository has criminal
  history record information that is the subject of the order;
                     (C)  private entity that purchases criminal
  history record information from the department or that otherwise is
  likely to have criminal history record information that is subject
  to the order; and
                     (D)  e-mail address provided under Articles
  60A.32 and 60A.43.
         (b)  Not later than the 30th business day after the date of
  receipt of a sealing notice described by Subsection (a)(2), each
  person receiving notice shall seal all criminal history record
  information maintained by the person that is described in the
  sealing notice.
         Art. 60A.68.  EFFECT OF SEALING.  (a) A person whose
  criminal history record information is sealed under this subchapter
  is not required in any application for employment, education,
  housing, licensure, or credit to state that the person has been the
  subject of any criminal proceeding related to the sealed records.
         (b)  A person may not discriminate against an applicant for
  employment, education, housing, licensure, or credit on the ground
  that the applicant withheld information as authorized by Subsection
  (a).
         (c)  A criminal justice agency or sensitive service agency
  may inquire about the events that produced the sealed records and
  use information about the events giving rise to the record as one
  factor, but not the sole factor, in making an employment,
  education, licensing, or housing decision.
         Art. 60A.69.  FORM. The office of court administration
  shall prescribe and publish forms by electronic means that courts
  may use to issue orders under this subchapter.
  SUBCHAPTER H. LIMITING ACCESS BY EXPUNCTION
         Art. 60A.71.  RIGHT TO EXPUNCTION. (a) A person who has
  been placed under a custodial or noncustodial arrest for commission
  of a felony or misdemeanor or issued a citation for the commission
  of a misdemeanor is entitled to have all records relating to the
  arrest or citation expunged if:
               (1)  the person is tried for the offense for which the
  person was arrested or issued a citation and is acquitted by a trial
  or appellate court, and if acquitted by a court of appeals, the
  period for filing a petition for discretionary review has expired;
               (2)  the person is convicted and subsequently granted
  judicial or executive relief from conviction if the order granting
  relief states that the order is rendered on the basis of the
  person's actual innocence;
               (3)  the person is convicted and subsequently pardoned;
               (4)  following the arrest or citation, the person was
  charged with a Class C misdemeanor for which the person was granted
  a discharge and dismissal;
               (5)  the state certifies that the records are not
  needed for use in any criminal investigation or prosecution,
  including an investigation or prosecution of another person;
               (6)  an information or indictment was dismissed or
  quashed following arrest, no other information or indictment is
  pending from the arrest, and the court finds that the indictment or
  information was dismissed or quashed because:
                     (A)  the person completed a pretrial intervention
  program authorized under Section 76.011, Government Code;
                     (B)  the presentment of the indictment or
  information 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
                     (C)  the indictment or information was void; or
               (7)  prosecution of the person for the offense for
  which the person was arrested or issued a citation is no longer
  possible because the limitations period has expired.
         (b)  When some but not all charges arising from an arrest or
  citation qualify for expunction under Subsection (a), the right to
  expunction extends to all records of the qualifying charges, but
  not to any arrest, citation, or charge that does not qualify.
         (c)  If a defendant becomes eligible for records expunction
  while represented by counsel appointed under Article 26.04, counsel
  shall:
               (1)  advise the defendant of the effect of expunction
  on civil and criminal proceedings and of the appropriate time to
  seek expunction; and
               (2)  petition for expunction as part of appointed
  counsel's duties on request of the defendant.
         Art. 60A.72.  DISTRICT COURT DECIDES EXPUNCTIONS. (a) The
  following persons may file an ex parte civil action seeking
  expunction under this subchapter:
               (1)  a person who claims a right to expunction; or
               (2)  if the person is deceased, the deceased person's
  grandparent, parent, spouse, adult brother, adult sister, or adult
  child.
         (b)  An expunction petition must be filed in the district
  court for the county in which:
               (1)  the arrest or citation at issue occurred; or
               (2)  the offense at issue was alleged to have occurred.
         (c)  An expunction petition must include:
               (1)  the following identification information for the
  person claiming the right to expunction:
                     (A)  full name;
                     (B)  gender;
                     (C)  race;
                     (D)  date of birth;
                     (E)  driver's license number, if any;
                     (F)  social security number, if any; and
                     (G)  address at the time of the arrest or
  citation, if known;
               (2)  the following arrest or citation information:
                     (A)  the date the person was arrested or the
  citation was issued;
                     (B)  whether an arrest was custodial or
  noncustodial;
                     (C)  the name of the arresting agency or agency
  issuing the citation;
                     (D)  the name of the county where the arrest or
  issuance of a citation occurred; and
                     (E)  the name of the municipality where the arrest
  or issuance of a citation occurred, if any;
               (3)  for each offense charged in connection with the
  arrest or citation:
                     (A)  the offense charged;
                     (B)  the date that each charged offense is alleged
  to have occurred; and
                     (C)  the court and case number for each charged
  offense; and
               (4)  which rights to expunction apply to each charge
  and each arrest or citation, as applicable.
         (d)  On filing of each expunction petition, the court's clerk
  shall:
               (1)  seal from public access all of its files in the
  expunction case that identify the petitioner;
               (2)  consult the court coordinator of the assigned
  court and set a hearing date for each petition that is not earlier
  than the 30th calendar day after the date of the petition but not
  later than the 60th calendar day after the date of the petition; and
               (3)  not later than the next business day after the date
  the expunction petition is filed, electronically transmit a copy of
  the petition and the hearing date, time, and place to:
                     (A)  the district attorney;
                     (B)  the county attorney;
                     (C)  the department; and
                     (D)  any criminal justice agency that has
  requested electronic notice of expunction proceedings from the
  court's clerk.
         (e)  The court may grant any expunction petition at any time
  without a hearing if the district or county attorney agrees in
  writing that the petition should be granted.
         (f)  At each expunction hearing the district court shall
  decide:
               (1)  whether the petitioner has proved a right to
  expunction by a preponderance of the evidence; and
               (2)  whether the county or district attorney has proved
  by a preponderance of the evidence that due to ongoing criminal,
  civil, or administrative proceedings, exceptions to expunction
  should be made, each of which must specify:
                     (A)  what records may be maintained;
                     (B)  which criminal justice agencies may maintain
  the records; and
                     (C)  for what period each criminal justice agency
  may maintain each record before destroying the record in compliance
  with the expunction order.
         (g)  Not later than the third business day after the date of
  an expunction hearing, the district court shall enter an order
  directing or denying expunction. Each order granting expunction
  shall state:
               (1)  the information identifying the person whose
  records are to be expunged required under Subsection (c)(1);
               (2)  the incident number the department assigned the
  individual incident of arrest under Article 60.07(b)(1), if any;
               (3)  which arrests or citations listed in Subsection
  (c)(2) are expunged;
               (4)  which charged offenses listed in Subsection (c)(3)
  are expunged; and
               (5)  any expunction limitations proved necessary by the
  county or district attorney.
         (h)  The person who is the subject of the expunction order or
  any agency receiving the expunction order may appeal the court's
  decision in the same manner as in any other civil case.
         (i)  Immediately on entry of each expunction order, the
  district court clerk shall:
               (1)  provide without charge one certified paper copy of
  the order to the petitioner;
               (2)  transmit a copy of the order by electronic means to
  the department's Crime Records Service;
               (3)  transmit a copy of the order by electronic means to
  each person and agency that has provided an e-mail address to the
  district clerk under Articles 60A.32 and 60A.43; and
               (4)  on the 30th calendar day after the date of the
  expunction order, expunge the court's entire case file.
         Art. 60A.73.  EXPUNCTION PROCEDURE AND EFFECT; CRIMINAL
  PENALTIES. (a)  Not later than the 10th business day after the date
  the department receives an expunction order from a district clerk,
  the department must expunge all charge records and all arrest or
  citation records as ordered.
         (b)  Not later than the 30th calendar day after the date a
  person or agency receives an expunction order from a district
  clerk, the person or agency shall expunge all charge records and
  arrest or citation records in the possession of the person or
  agency, as ordered.
         (c)  A record is expunged only if it is physically or
  electronically altered in a way that renders impossible any use of
  the record to connect the person identified in the order as
  connected to the expunged arrest, citation, or charge.
         Art. 60A.74.  OFFENSE: FAILURE TO DESTROY RECORDS SUBJECT TO
  ORDER OF EXPUNCTION. (a) A person who knowingly fails to destroy
  identifying portions of a record ordered expunged under this
  chapter commits an offense.
         (b)  An offense under this article is a Class B misdemeanor,
  except that:
               (1)  the offense is a Class A misdemeanor if the person
  has been previously convicted of an offense under this article; and
               (2)  the offense is a second degree felony if the person
  has been previously convicted two or more times of an offense under
  this article.
         Art. 60A.75.  OFFENSE: RELEASE OF EXPUNGED INFORMATION. (a)
  A person commits an offense if the person releases, publishes, or
  uses records the person knows have been ordered expunged under this
  chapter.
         (b)  An offense under this article is a Class B misdemeanor,
  except that:
               (1)  the offense is a Class A misdemeanor if the person
  has been previously convicted of an offense under this article; and
               (2)  the offense is a second degree felony if the person
  has been previously convicted two or more times of an offense under
  this article.
         Art. 60A.76.  EFFECT OF EXPUNCTION. (a) A person whose
  criminal history record information has been expunged under this
  subchapter may deny the occurrence of the arrest, citation, or
  charge and the existence of the expunction order.
         (b)  A person may not discriminate against an applicant for
  employment, housing, education, licensure, or credit because the
  applicant withheld information on an application as permitted by
  Subsection (a).
         (c)  If any person is questioned under oath in a criminal
  proceeding about an arrest, citation, or charge for which the
  records have been expunged, the person may state only that the
  matter in question has been expunged.
         Art. 60A.77.  FORMS. The office of court administration
  shall prescribe and publish by electronic means forms for the
  petition for expunction and order for expunction under this
  subchapter.
  SUBCHAPTER I. CORRECTING ERRONEOUS RECORDS
         Art. 60A.81.  CENTRALIZED CORRECTION REQUESTS;
  INVESTIGATION. (a) Any person who becomes aware that criminal
  history records contain erroneous information, that sealed records
  are publicly available, or that expunged records are available, may
  seek correction of records by filling out a form available on the
  department's Internet website, or by telephoning the department's
  Crime Records Service.
         (b)  The department shall collect and record all correction
  requests without charging a fee and in a manner that facilitates
  presentation of requests.
         (c)  The department shall investigate each request, and
  electronically transmit a written statement or make a telephone
  call informing the requestor of the status or response at least once
  during each 30-day period until the request is resolved.
         (d)  The department may deny a request for failure to provide
  necessary information only when the department is unable to get the
  information from another source without significant time or
  expense.
         (e)  The department may require a requestor to submit
  fingerprints only if necessary to establish facts to correct the
  record at issue. The department shall make necessary
  fingerprinting available to requestors without charge.
         Art. 60A.82.  ADMINISTRATIVE CORRECTION OF ERRONEOUS
  RECORDS. (a) If the department determines that any of the
  department's criminal history record information contains an
  error, the department shall correct the record and electronically
  transmit notice to all agencies and persons the department
  considers reasonably likely to have received the erroneous
  information from the department. The notice must state that all
  agencies and persons receiving the notice must correct the records.
         (b)  If the department becomes aware that a criminal justice
  agency's criminal history records may be erroneous, the department
  shall contact the agency and attempt to resolve the issue by
  agreement.
         (c)  If the department and a criminal justice agency agree
  that the agency's records contain an error, the agency shall
  correct the record and the department shall correct all the
  department records to be consistent with the agency's correction.
  The department shall transmit notice of the correction
  electronically to all agencies and persons the department considers
  reasonably likely to have received the erroneous information from
  the department. The notice must state that all agencies and persons
  receiving the notice must correct the records.
         Art. 60A.83.  JUDICIAL CORRECTION OF ERRONEOUS RECORDS. (a)  
  If the department denies a correction request for any reason, the
  requestor may file a civil action:
               (1)  in the district court where the requestor resides,
  if the requestor resides in this state; or
               (2)  in the district court in Travis County, if the
  requestor resides in another state.
         (b)  If the department does not deny a correction request,
  but the correction is not administratively completed due to
  disagreement with another criminal justice agency, the requestor
  may file a civil action in the district court where the criminal
  justice agency is located.
         (c)  The department and the department's counsel may appear
  remotely, by telephone or video conference, in any civil proceeding
  filed under this article.
         (d)  The only relief available in an action under this
  article, after discovery, is:
               (1)  injunctive relief as necessary to secure accurate
  criminal history records; and
               (2)  all litigation costs, not including attorney's
  fees.
  SUBCHAPTER J. REFERENCES IN LAW
         Art. 60A.91.  REFERENCES TO ORDERS OF NONDISCLOSURE AND
  ORDERS OF EXPUNCTION. (a)  A reference in law to an order of
  nondisclosure or any provision of Subchapter F, Chapter 411,
  Government Code, means a reference to record sealing under
  Subchapter G of this code.
         (b)  A reference in law to expunction or any provision of
  Chapter 55 means a reference to Subchapter H.
         SECTION 4.  The following are repealed:
               (1)  Chapter 55, Code of Criminal Procedure; and
               (2)  Subchapter F, Chapter 411, Government Code.
         SECTION 5.  A sensitive service agency is not required to
  adopt the policy prescribed by Article 60A.22, Code of Criminal
  Procedure, as added by this Act, before September 1, 2017.
         SECTION 6.  This Act takes effect September 1, 2015.