| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the expunction of arrest records and files relating to |
|
|
certain nonviolent misdemeanor offenses. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 55A, Code of Criminal |
|
|
Procedure, is amended by adding Article 55A.007 to read as follows: |
|
|
Art. 55A.007. FOLLOWING DEFERRED ADJUDICATION COMMUNITY |
|
|
SUPERVISION FOR CERTAIN NONVIOLENT MISDEMEANOR OFFENSES. A person |
|
|
to whom this subchapter applies is entitled to have all records and |
|
|
files related to the arrest expunged if: |
|
|
(1) the person is placed under a custodial or |
|
|
noncustodial arrest for a misdemeanor offense other than a |
|
|
misdemeanor offense under: |
|
|
(A) Chapter 483, Health and Safety Code; |
|
|
(B) Chapter 25, 42, 43, 46, or 71, Penal Code; |
|
|
(C) Section 48.02, Penal Code; or |
|
|
(D) Title 5 or 8, Penal Code; |
|
|
(2) the person was placed on deferred adjudication |
|
|
community supervision under Subchapter C, Chapter 42A, for the |
|
|
misdemeanor offense described by Subdivision (1) for which the |
|
|
person was arrested and subsequently received a dismissal and |
|
|
discharge under Article 42A.111; |
|
|
(3) the person was not required to register as a sex |
|
|
offender under Chapter 62 as a condition of or as a result of the |
|
|
person's placement on deferred adjudication community supervision |
|
|
as described by Subdivision (2); |
|
|
(4) the person has not been convicted of or placed on |
|
|
deferred adjudication community supervision under Subchapter C, |
|
|
Chapter 42A, for an offense, other than a traffic offense |
|
|
punishable by fine only, committed after the date of the commission |
|
|
of the misdemeanor offense described by Subdivision (1) for which |
|
|
the person was placed on deferred adjudication community |
|
|
supervision as described by Subdivision (2); |
|
|
(5) there are no charges pending against the person |
|
|
for the commission of any offense, other than a traffic offense |
|
|
punishable by fine only; and |
|
|
(6) a period of not less than five years has passed |
|
|
since the date on which the person received the dismissal and |
|
|
discharge described by Subdivision (2). |
|
|
SECTION 2. Article 55A.251, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 55A.251. FILING OF PETITION. (a) A person who is |
|
|
entitled to expunction of records and files under Article 55A.002, |
|
|
55A.004, or 55A.005 or Subchapter B, or a person who is eligible for |
|
|
expunction of records and files under Article 55A.101, may, subject |
|
|
to Article 55A.252, 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. |
|
|
(b) A person who is entitled to expunction of records and |
|
|
files under Article 55A.007 may file an ex parte petition for |
|
|
expunction in the court that placed the person on deferred |
|
|
adjudication community supervision. |
|
|
SECTION 3. Article 55A.253, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 55A.253. CONTENTS OF PETITION. (a) An ex parte |
|
|
petition filed under Article 55A.251, 55A.252, or 55A.257 must be |
|
|
verified and must include, with respect to the person who is the |
|
|
subject of the petition, the following or an explanation for why one |
|
|
or more of the following is not included: |
|
|
(1) the person's: |
|
|
(A) full name; |
|
|
(B) sex; |
|
|
(C) race; |
|
|
(D) date of birth; |
|
|
(E) driver's license number; |
|
|
(F) social security number; and |
|
|
(G) address at the time of the arrest; |
|
|
(2) the offense charged; |
|
|
(3) the date the offense charged was alleged to have |
|
|
been committed; |
|
|
(4) the date of arrest; |
|
|
(5) the name of the county of arrest and if the arrest |
|
|
occurred in a municipality, the name of the municipality; |
|
|
(6) the name of the arresting agency; |
|
|
(7) the case number and court of offense; and |
|
|
(8) together with the applicable physical or e-mail |
|
|
addresses, a list of all: |
|
|
(A) law enforcement agencies, jails or other |
|
|
detention facilities, magistrates, courts, attorneys representing |
|
|
the state, correctional facilities, central state depositories of |
|
|
criminal records, and other officials or agencies or other entities |
|
|
of this state or of any political subdivision of this state; |
|
|
(B) central federal depositories of criminal |
|
|
records that the person who is the subject of the petition has |
|
|
reason to believe have records or files that are subject to |
|
|
expunction; and |
|
|
(C) private entities that compile and |
|
|
disseminate for compensation criminal history record information |
|
|
that the person who is the subject of the petition has reason to |
|
|
believe have information related to records or files that are |
|
|
subject to expunction. |
|
|
(b) In addition to the information required under |
|
|
Subsection (a), an ex parte petition filed under Article 55A.251(b) |
|
|
must contain a statement that: |
|
|
(1) the person was not required to register as a sex |
|
|
offender under Chapter 62 as a condition of or as a result of the |
|
|
person's placement on deferred adjudication community supervision |
|
|
as described by Article 55A.007(3); |
|
|
(2) the person has not been convicted of or placed on |
|
|
deferred adjudication community supervision under Subchapter C, |
|
|
Chapter 42A, for an offense, other than a traffic offense |
|
|
punishable by fine only, committed after the date of the commission |
|
|
of the misdemeanor offense for which the person seeks an order of |
|
|
expunction; and |
|
|
(3) there are no charges pending against the person |
|
|
for the commission of any offense, other than a traffic offense |
|
|
punishable by fine only. |
|
|
SECTION 4. Article 55A.257, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 55A.257. DEPARTMENT OF PUBLIC SAFETY MAY FILE PETITION |
|
|
ON PERSON'S BEHALF. The director of the Department of Public Safety |
|
|
or the director's authorized representative may file on behalf of a |
|
|
person described by Article 55A.251(a) [55A.251] or 55A.256 an ex |
|
|
parte petition for expunction in a district court for the county in |
|
|
which: |
|
|
(1) the person was arrested; or |
|
|
(2) the offense was alleged to have occurred. |
|
|
SECTION 5. Article 102.006(b), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(b) The fees under Subsection (a) or the fee under |
|
|
Subsection (a-1), as applicable, shall be waived if: |
|
|
(1) the petitioner seeks expunction of a criminal |
|
|
record that relates to an arrest for an offense of which the person |
|
|
was acquitted, other than an acquittal for an offense described by |
|
|
Article 55A.151, and the petition for expunction is filed not later |
|
|
than the 30th day after the date of the acquittal; or |
|
|
(2) the petitioner is entitled to expunction under any |
|
|
provision of Chapter 55A and the court finds that the petitioner is |
|
|
indigent. |
|
|
SECTION 6. This Act applies to an expunction of arrest |
|
|
records and files relating to any misdemeanor offense that was |
|
|
committed before, on, or after the effective date of this Act. |
|
|
SECTION 7. This Act takes effect September 1, 2025. |