Texas House Bill HB1944

Texas 2021 - 87th Regular

Caption

Relating to automatic expunction of arrest records and files for certain persons who are tried for an offense and subsequently acquitted.

Impact

The bill amends Section 1 of Article 55.02 in the Code of Criminal Procedure, changing the nature of expunction from a request-based process to an automatic one for acquitted individuals. This significant alteration in state law means that individuals no longer need to petition the court for expunction after an acquittal, which could potentially serve to enhance their reintegration into society post-acquittal by removing barriers associated with having an arrest record. It applies retroactively to those who were acquitted before the bill's enactment, extending benefits to a broader range of individuals.

Summary

House Bill 1944 proposes an automatic expunction of arrest records and files for individuals who have been acquitted of an offense. This legislative measure aims to simplify the legal process for individuals who have been found not guilty and alleviates the burden of initiating expunction proceedings themselves. The bill requires the trial court, under certain conditions, to enter an order of expunction no later than 30 days following an acquittal, ensuring that wrongful arrest records are removed from public access in a timely manner.

Contention

As with any legislative change, opinions on HB1944 might be divided. Supporters may argue that the bill is crucial for protecting the rights of the innocent and promoting justice by ensuring that individuals acquitted of charges do not suffer from the long-term consequences of an arrest record. However, opposition could arise on the grounds of concerns regarding the implications for law enforcement and public safety. Critics may worry that automatic expunctions could limit access to crucial historical data that is relevant in certain contexts, such as employment screening processes or other legal proceedings.