Bill Text: TX HB3208 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the expunction of criminal records.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-02 - Failed to receive affirmative vote in comm. [HB3208 Detail]
Download: Texas-2013-HB3208-Introduced.html
By: Alonzo | H.B. No. 3208 |
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relating to the expunction of criminal records. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 55.01, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 55.01. RIGHT TO EXPUNCTION. (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) |
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pending, and there was no court-ordered community supervision under | ||
Article 42.12 for the offense; or |
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for the offense and whether any limitations period for the offense | ||
has expired, an indictment or information charging the person with | ||
the commission of an |
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(i) has not been presented against the person at any time | ||
following the arrest and: | ||
a) at least |
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offense |
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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 |
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if the |
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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 the |
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offense 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 | ||
SECTION 2. The change in law made by this Act applies to the | ||
prosecution of an offense committed or on after the effective date | ||
of this Act. The prosecution of an offense committed before the | ||
effective date of this Act is covered by the law in effect when the | ||
offense was committed, and the former law is continued in effort for | ||
this purpose. For purposes of this section, an offense is committed | ||
before the effective date of this Act if any element of the offense | ||
occurs before the effective date. | ||
SECTION 3. This Act takes effect September 1, 2013. |