By: Collier H.B. No. 4020
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the automatic expunction of arrest records and files
  for certain veterans who successfully complete a veterans court
  pretrial intervention program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 55.01(a), Code of Criminal Procedure, is
  amended to read as follows:
         (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 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, has not resulted in a final conviction and is no longer pending
  and there was no court-ordered community supervision under Article
  42.12 for 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 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 arrest, and:
                                 (a)  at least 180 days have elapsed
  from the date of arrest if the 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 one year has elapsed from
  the date of arrest if the 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 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
  arrest, was dismissed or quashed, and the court finds that the
  indictment or information was dismissed or quashed because:
                                 (a)  the person completed a veterans
  court program created under Chapter 124, Government Code, or former
  law;
                                 (b)  the person completed a pretrial
  intervention program authorized under Section 76.011, Government
  Code, other than a veterans court program created under Chapter
  124, Government Code, or former law;
                                 (c)  [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
                                 (d)  [, 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.
         SECTION 2.  Section 1a, Article 55.02, Code of Criminal
  Procedure, is amended by adding Subsection (a-1) to read as
  follows:
         (a-1)  A trial court dismissing a case following a person's
  successful completion of a veterans court program created under
  Chapter 124, Government Code, or former law, if the trial court is a
  district court, or a district court in the county in which the trial
  court is located shall enter an order of expunction for a person
  entitled to expunction under Article 55.01(a)(2)(A)(ii)(a) not
  later than the 30th day after the date the court dismisses the case
  or receives the information regarding that dismissal, as
  applicable.
         SECTION 3.  Section 2(a), Article 55.02, Code of Criminal
  Procedure, is amended to read as follows:
         (a)  A person who is entitled to expunction of records and
  files under Article 55.01(a)(1)(B)(i) or under Article
  55.01(a)(2), other than Article 55.01(a)(2)(A)(ii)(a), or a person
  who is eligible for expunction of records and files under Article
  55.01(b) may file an ex parte petition for expunction in a district
  court for the county in which:
               (1)  the petitioner was arrested; or
               (2)  the offense was alleged to have occurred.
         SECTION 4.  Section 124.001(b), Government Code, is amended
  to read as follows:
         (b)  If a defendant successfully completes a veterans court
  program [as authorized under Section 76.011], after notice to the
  attorney representing the state and a hearing in the veterans court
  at which that court determines that a dismissal is in the best
  interest of justice, the veterans court shall provide to the court
  in which the criminal case is pending information about the
  dismissal and shall include all of the information required about
  the defendant for a petition for expunction under Section 2(b),
  Article 55.02, Code of Criminal Procedure. The court in which the
  criminal case is pending shall dismiss the criminal action against
  the defendant and:
               (1)  if that trial court is a district court, the court
  shall enter an order of expunction on behalf of the defendant under
  Section 1a(a-1), Article 55.02, Code of Criminal Procedure; or
               (2)  if that trial court is not a district court, the
  court shall forward the appropriate dismissal and expunction
  information to a district court with jurisdiction to enter an order
  of expunction on behalf of the defendant under Section 1a(a-1),
  Article 55.02, Code of Criminal Procedure.
         SECTION 5.  (a) This Act applies to the expunction of arrest
  records and files for a person who successfully completes a
  veterans court program under Chapter 124, Government Code, or
  former law, before, on, or after the effective date of this Act,
  regardless of when the underlying arrest occurred.
         (b)  For a person who is entitled to expunction under Article
  55.01(a)(2)(A)(ii)(a), Code of Criminal Procedure, as amended by
  this Act, based on a successful completion of a veterans court
  program under Chapter 124, Government Code, or former law, before
  the effective date of this Act, notwithstanding the 30-day time
  limit provided for the court to enter an automatic order of
  expunction under Section 1a(a-1), Article 55.02, Code of Criminal
  Procedure, as added by this Act, the court shall enter an order of
  expunction for the person as soon as practicable after the court
  receives written notice from any party to the case about the
  person's entitlement to the expunction.
         SECTION 6.  This Act takes effect September 1, 2017.