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A BILL TO BE ENTITLED
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AN ACT
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relating to the expunction of arrest records and files and the |
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issuance of orders of nondisclosure of criminal history record |
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information for certain persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 55.01(c), Code of Criminal Procedure, is |
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amended to read as follows: |
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(c) A court may not order the expunction of records and |
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files relating to an arrest for an offense for which a person is |
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subsequently acquitted, whether by the trial court, a court of |
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appeals, or the court of criminal appeals, if the offense for which |
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the person was acquitted arose out of a criminal episode described |
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[, as defined] by Section 3.01(1) [3.01], Penal Code, and the person |
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was convicted of or remains subject to prosecution for at least one |
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other offense occurring during the criminal episode. |
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SECTION 2. Subchapter E-1, Chapter 411, Government Code, is |
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amended by adding Section 411.0717 to read as follows: |
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Sec. 411.0717. CERTAIN RELATED OFFENSES INCLUDED IN ORDER. |
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A court that issues an order of nondisclosure of criminal history |
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record information under this subchapter shall include in the order |
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any other offense arising out of the same transaction as the offense |
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for which the order is sought if: |
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(1) the other offense has not resulted in a final |
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conviction and is no longer pending; and |
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(2) there was no court-ordered community supervision |
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under Chapter 42A, Code of Criminal Procedure, for the other |
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offense. |
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SECTION 3. Sections 411.073(b) and (d), Government Code, |
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are amended to read as follows: |
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(b) Notwithstanding any other provision of this subchapter |
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or Subchapter F, a person described by Subsection (a) whose |
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community supervision is not revoked and who completes the period |
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of community supervision, including any term of confinement imposed |
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and payment of all fines, costs, and restitution imposed, may |
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petition the court that placed the person on community supervision |
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for an order of nondisclosure of criminal history record |
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information under this section if the person[: |
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[(1)] satisfies the requirements of this section and |
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Section 411.074[; and |
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[(2) has never been previously convicted of or placed |
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on deferred adjudication community supervision for another offense |
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other than a traffic offense that is punishable by fine only]. |
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(d) A person may petition the court that placed the person |
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on community supervision for an order of nondisclosure of criminal |
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history record information under this section only on or after[: |
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[(1)] the completion of the community supervision[, if |
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the offense for which the person was placed on community |
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supervision was a misdemeanor other than a misdemeanor described by |
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Subdivision (2); or |
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[(2) the second anniversary of the date of completion |
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of the community supervision, if the offense for which the person |
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was placed on community supervision was a misdemeanor under Chapter |
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20, 21, 22, 25, 42, 43, or 46, Penal Code]. |
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SECTION 4. Section 411.0735(b), Government Code, is amended |
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to read as follows: |
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(b) Notwithstanding any other provision of this subchapter |
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or Subchapter F, a person described by Subsection (a) who completes |
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the person's sentence, including any term of confinement imposed |
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and payment of all fines, costs, and restitution imposed, may |
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petition the court that imposed the sentence for an order of |
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nondisclosure of criminal history record information under this |
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section if the person[: |
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[(1)] satisfies the requirements of this section and |
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Section 411.074[; and |
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[(2) has never been previously convicted of or placed |
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on deferred adjudication community supervision for another offense |
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other than a traffic offense that is punishable by fine only]. |
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SECTION 5. Article 55.01(c), Code of Criminal Procedure, as |
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amended by this Act, applies to the expunction of arrest records and |
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files for any criminal offense that occurred before, on, or after |
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the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2025. |