Texas House Bill HB4133

Texas 2019 - 86th Regular

Caption

Relating to the expunction of records and files relating to a person's arrest.

Impact

The amendments introduced by HB 4133 would significantly affect the Texas Code of Criminal Procedure, particularly in relation to the provision of expunctions. The new provisions aim to streamline the process for expunging arrest records, ensuring that individuals can move beyond their past offenses, particularly if they were unjustly accused or not convicted. By expanding eligibility for expunction, this bill aims to reduce the long-term negative impacts on individuals and their ability to obtain employment or housing due to prior arrests that did not result in convictions.

Summary

House Bill 4133 proposes amendments to the expunction process for criminal records and files associated with a person's arrest in Texas. The bill allows individuals who have been acquitted of charges or have been pardoned to have their arrest records expunged. It stipulates specific conditions under which records may be expunged based on the nature of the arrest and any subsequent convictions. This amendment aims to provide individuals with the opportunity to clear their records when they have been wrongfully accused or have proven their innocence, thus facilitating their reintegration into society.

Contention

Notably, there may be contention surrounding the provisions that allow records to remain accessible under certain circumstances, such as ongoing investigations. Critics may argue that this could lead to ambiguity and potential misuse of retained records, which may disproportionately affect individuals who have been acquitted or pardoned. The balance between protecting the rights of the accused and ensuring public safety and accountability among law enforcement may be a point of debate as the bill progresses.