Bill Text: TX HB2903 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the entitlement of certain persons to the expunction of arrest records and files.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-03-22 - Referred to Criminal Jurisprudence [HB2903 Detail]
Download: Texas-2017-HB2903-Introduced.html
85R11508 JRR-D | ||
By: Muñoz, Jr. | H.B. No. 2903 |
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relating to the entitlement of certain persons to the expunction of | ||
arrest records and files. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Articles 55.01(a) and (b), Code of Criminal | ||
Procedure, are 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 Chapter | ||
42A 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 the | ||
person completed a pretrial intervention program authorized under | ||
Section 76.011, Government Code, 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 because the indictment | ||
or information was void; [ |
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(B) prosecution of the person for the offense for | ||
which the person was arrested is no longer possible because the | ||
limitations period has expired; or | ||
(C) an office of the attorney representing the | ||
state authorized by law to prosecute the offense for which the | ||
person was arrested recommends the expunction to the appropriate | ||
district court, regardless of whether an indictment or information | ||
has been presented against the person in relation to the offense. | ||
(b) Except as provided by Subsection (c), a district court | ||
may expunge all records and files relating to the arrest of a person | ||
who has been arrested for commission of a felony or misdemeanor | ||
under the procedure established under Article 55.02 if[ |
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(1) [ |
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was arrested; | ||
(2) [ |
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(3) [ |
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or, if the period for granting a petition for discretionary review | ||
has expired, by a court of appeals[ |
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SECTION 2. Chapter 55, Code of Criminal Procedure, is | ||
amended by adding Article 55.012 to read as follows: | ||
Art. 55.012. EXPUNCTION OF CERTAIN NONVIOLENT MISDEMEANOR | ||
OFFENSES. (a) A person who has been placed under a custodial or | ||
noncustodial arrest for a misdemeanor offense other than a | ||
misdemeanor offense under Title 5, Penal Code, is entitled to have | ||
all records and files related to the arrest expunged if: | ||
(1) the person was placed on deferred adjudication | ||
community supervision under Subchapter C, Chapter 42A, for the | ||
misdemeanor offense and subsequently received a discharge and | ||
dismissal under Article 42A.111; | ||
(2) the person has not been arrested for the | ||
commission of any Class B misdemeanor, Class A misdemeanor, or | ||
felony committed after the date of the misdemeanor offense for | ||
which the person was placed on deferred adjudication community | ||
supervision; and | ||
(3) the attorney representing the state recommends the | ||
expunction to the court that granted the deferred adjudication | ||
community supervision or a period of not less than five years has | ||
passed since the date on which the person received the discharge and | ||
dismissal described by Subdivision (1). | ||
(b) The person must submit an ex parte petition for | ||
expunction to the court that granted the deferred adjudication | ||
community supervision. The petition must be verified and must | ||
contain: | ||
(1) the information described by Section 2(b), Article | ||
55.02; and | ||
(2) a statement that the person has not been arrested | ||
for the commission of any Class B misdemeanor, Class A misdemeanor, | ||
or felony committed after the date of the misdemeanor offense for | ||
which the person was placed on deferred adjudication community | ||
supervision. | ||
(c) If the court finds that the petitioner is entitled to | ||
expunction of any arrest records and files that are the subject of | ||
the petition, the court shall enter an order directing expunction | ||
in a manner consistent with the procedures described by Section 1a, | ||
Article 55.02. | ||
SECTION 3. Section 109.005(a), Business & Commerce Code, is | ||
amended to read as follows: | ||
(a) A business entity may not publish any criminal record | ||
information in the business entity's possession with respect to | ||
which the business entity has knowledge or has received notice | ||
that: | ||
(1) an order of expunction has been issued under | ||
Chapter 55 [ |
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(2) an order of nondisclosure of criminal history | ||
record information has been issued under Subchapter E-1, Chapter | ||
411, Government Code. | ||
SECTION 4. Article 55.011(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) A close relative of a deceased person who, if not | ||
deceased, would be entitled to expunction of records and files | ||
under this chapter [ |
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deceased person an ex parte petition for expunction under Section 2 | ||
or 2a, Article 55.02, or Article 55.012, as applicable. If the | ||
court finds that the deceased person would be entitled to | ||
expunction of any record or file that is the subject of the | ||
petition, the court shall enter an order directing expunction. | ||
SECTION 5. Section 411.0835, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO | ||
CERTAIN PRIVATE ENTITIES. If the department receives information | ||
indicating that a private entity that purchases criminal history | ||
record information from the department has been found by a court to | ||
have committed three or more violations of Section 552.1425 by | ||
compiling or disseminating information with respect to which an | ||
order of expunction has been issued under Chapter 55 [ |
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criminal history record information has been issued under | ||
Subchapter E-1, the department may not release any criminal history | ||
record information to that entity until the first anniversary of | ||
the date of the most recent violation. | ||
SECTION 6. Section 411.0851(a), Government Code, is amended | ||
to read as follows: | ||
(a) A private entity that compiles and disseminates for | ||
compensation criminal history record information shall destroy and | ||
may not disseminate any information in the possession of the entity | ||
with respect to which the entity has received notice that: | ||
(1) an order of expunction has been issued under | ||
Chapter 55 [ |
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(2) an order of nondisclosure of criminal history | ||
record information has been issued under Subchapter E-1. | ||
SECTION 7. Section 411.151(b), Government Code, is amended | ||
to read as follows: | ||
(b) A person may petition for the expunction of a DNA record | ||
under the procedures established under Article 55.02, Code of | ||
Criminal Procedure, if the person is entitled to the expunction of | ||
records relating to the offense to which the DNA record is related | ||
under Chapter 55 [ |
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SECTION 8. Section 552.1425(a), Government Code, is amended | ||
to read as follows: | ||
(a) A private entity that compiles and disseminates for | ||
compensation criminal history record information may not compile or | ||
disseminate information with respect to which the entity has | ||
received notice that: | ||
(1) an order of expunction has been issued under | ||
Chapter 55 [ |
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(2) an order of nondisclosure of criminal history | ||
record information has been issued under Subchapter E-1, Chapter | ||
411. | ||
SECTION 9. This Act applies to an expunction of records and | ||
files relating to any criminal offense that occurred before, on, or | ||
after the effective date of this Act. | ||
SECTION 10. This Act takes effect September 1, 2017. |