Relating to the expunction of arrest records and files when a grand jury fails to find that probable cause exists to believe the alleged offense was committed.
If enacted, this bill would significantly affect individuals seeking to clear their criminal records in Texas. It would allow a more streamlined process for expunging records for arrests that do not lead to formal charges. This could potentially lead to a reduction in the long-term impacts of arrest records on employment opportunities, housing applications, and other areas of public life. The changes could also alleviate some of the negative societal stigmas associated with having an arrest record.
House Bill 1820 aims to amend the Code of Criminal Procedure in Texas to allow the expunction of arrest records and files when a grand jury fails to find probable cause for an alleged offense. The bill specifies that individuals can have their arrest records expunged if certain conditions are met, including the passage of time since the arrest and the absence of charges being presented against them. This legislative change is intended to provide greater relief for individuals who were arrested but not officially charged with any crime, facilitating their reintegration into society without the burden of an arrest record.
The sentiment around HB 1820 appears to be largely positive, particularly among advocacy groups focused on criminal justice reform and civil liberties. Supporters argue that the bill aligns with the principles of justice and fairness, emphasizing that individuals should not be hindered by arrests that did not result in conviction. However, there may be some contention from law enforcement or state officials concerned about the implications of increased expunctions on public safety and record-keeping.
While the bill is poised to benefit many individuals by allowing them to expunge records without formal charges, there may be concerns about its broader implications. Critics could argue that the expungement process might undermine accountability within the criminal justice system. There may also be apprehensions regarding how the legislation interacts with ongoing investigations and whether the criteria set forth in the bill adequately protect public interests while prioritizing individual rights.
Code Of Criminal Procedure