88R1330 JRR-D
 
  By: Thompson of Harris, Sherman, Sr. H.B. No. 392
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the date on which certain persons placed on deferred
  adjudication community supervision are eligible to file a petition
  for an order of nondisclosure of criminal history record
  information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.0725(e), Government Code, is amended
  to read as follows:
         (e)  A person may petition the court that placed the person
  on deferred adjudication community supervision for an order of
  nondisclosure of criminal history record information under this
  section only on or after:
               (1)  the discharge and dismissal, if the offense for
  which the person was placed on deferred adjudication was a
  misdemeanor other than a misdemeanor described by Subdivision
  (2)(A) [(2)];
               (2)  the first [second] anniversary of the discharge
  and dismissal, if the offense for which the person was placed on
  deferred adjudication was:
                     (A)  a misdemeanor under Chapter 20, 21, 22, 25,
  42, 43, or 46, Penal Code; or
                     (B)  a state jail felony listed in Article
  42A.551(a), Code of Criminal Procedure; or
               (3)  the third [fifth] anniversary of the discharge and
  dismissal, if the offense for which the person was placed on
  deferred adjudication was a felony other than a state jail felony
  described by Subdivision (2)(B).
         SECTION 2.  This Act takes effect September 1, 2023.