Texas House Bill HB109

Texas 2021 - 87th Regular

Caption

Relating to the expunction of arrest records and files relating to certain criminal offenses.

Impact

The implications of HB 109 are significant, particularly for those who may have made mistakes early in life but have since rehabilitated. This measure is designed to make it easier for individuals to reintegrate into society by allowing their nonviolent misdemeanors to be expunged from their records. This can help to ensure that a past offense does not permanently impact an individual’s ability to secure employment, rent housing, or participate in other societal activities post-rehabilitation.

Summary

House Bill 109 aims to reform the process by which certain arrest records are expunged within the State of Texas. The bill specifically targets nonviolent misdemeanor offenses, allowing those placed under custodial or noncustodial arrest to have their arrest records expunged after meeting specific criteria. These criteria include completion of deferred adjudication community supervision, no pending criminal charges, and a waiting period of at least five years following the dismissal of the offense. This initiative seeks to alleviate some of the long-standing stigmas associated with minor criminal records, particularly for individuals seeking employment or housing.

Contention

Despite support for this legislation, there are potential points of contention. Critics might argue that the expunction process could be too lenient, allowing individuals who have committed misdemeanors to erase their records too easily. Additionally, there may be concerns regarding public safety and the importance of transparency regarding an individual's criminal history. Furthermore, the complexities involved with the legal processes of expunction could lead to debates about the accessibility of legal resources for individuals seeking expunction under this new stipulation.