Texas House Bill HB309

Texas 2021 - 87th Regular

Caption

Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants who successfully complete a period of community supervision following conviction; authorizing a fee.

Impact

If implemented, HB 309 would significantly affect the handling of misdemeanor convictions in Texas. By allowing automatic orders of nondisclosure for individuals who complete community supervision, it would streamline the process of sealing criminal records and potentially enhance the opportunities for employment and housing for individuals with such records. The bill would require individuals to pay a $28 fee to the court, which would further ensure that administrative costs are covered. The amendments enable a clearer pathway for individuals seeking to move past minor infractions in their criminal history.

Summary

House Bill 309 focuses on the automatic orders of nondisclosure for certain misdemeanor defendants who successfully complete community supervision after their conviction. The bill amends the Code of Criminal Procedure and the Government Code, providing a legal framework for sealing the criminal records of individuals who meet specific criteria after their supervision period. This includes an automatic nondisclosure of criminal history information unless a judge finds it contrary to the interest of justice, which must be documented in the case judgment. The bill aims to facilitate reintegration into society for nonviolent offenders by reducing barriers related to their criminal records.

Contention

One notable point of contention surrounding HB 309 is the criteria for granting automatic nondisclosure. Critics may argue about the practical implications of setting aside misdemeanor charges and whether it aligns with public safety concerns. Supporters advocate that successful completion of community supervision should provide individuals with a fresh start, arguing that the bill aids in reducing recidivism and promotes rehabilitation. Additionally, the fee imposed could be seen as a barrier to individuals attempting to access nondisclosure, sparking debates on equity and justice within the legal system.