By: West, Johnson S.B. No. 550
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility of certain criminal defendants for an
  order of nondisclosure of criminal history record information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E-1, Chapter 411, Government Code, is
  amended by adding Section 411.0732 to read as follows:
         Sec. 411.0732.  PROCEDURE FOR COMMUNITY SUPERVISION
  FOLLOWING CONVICTION; SET-ASIDE CONVICTIONS. (a)  This section
  applies only to a person who:
               (1)  on conviction is placed on community supervision
  under Chapter 42A, Code of Criminal Procedure, and with respect to
  whom the conviction is subsequently set aside by the court under
  Article 42A.701(f) of that chapter; and
               (2)  is not convicted of an offense for which the person
  would be ineligible for deferred adjudication community
  supervision under Article 42A.102(b), Code of Criminal Procedure.
         (b)  Notwithstanding any other provision of this subchapter
  or Subchapter F, a person described by Subsection (a) who satisfies
  the requirements of Section 411.074 may petition the court that
  placed the person on community supervision for an order of
  nondisclosure of criminal history record information under this
  section.
         (c)  After notice to the state, an opportunity for a hearing,
  and a determination that the person is entitled to file the petition
  and that issuance of the order is in the best interest of justice,
  the court shall issue an order prohibiting criminal justice
  agencies from disclosing to the public criminal history record
  information related to the offense giving rise to the community
  supervision.
         (d)  A person may petition the court that placed the person
  on community supervision for an order of nondisclosure of criminal
  history record information under this section only after:
               (1)  the second anniversary of the date the conviction
  is set aside, if the offense for which the person was placed on
  community supervision was a misdemeanor; or
               (2)  the fifth anniversary of the date the conviction
  is set aside, if the offense for which the person was placed on
  community supervision was a felony.
         SECTION 2.  This Act takes effect September 1, 2019.