Texas 2023 - 88th Regular

Texas House Bill HB4362

Filed
3/9/23  
Out of House Committee
5/3/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.

Impact

If passed, HB 4362 would significantly revise current regulations regarding nondisclosure of criminal records in Texas. This could lead to a notable increase in the number of individuals eligible to have their criminal records sealed, particularly those with nonviolent misdemeanors and state jail felony convictions. By creating more accessible pathways to nondisclosure, the legislation aims to enhance opportunities for successful reintegration into society, ultimately addressing societal issues related to crime and punishment, and reducing recidivism rates. The proposed changes may elevate the prospects for employment and housing for those with criminal histories, affecting various facets of state law governing criminal records.

Summary

House Bill 4362, introduced by A. Johnson of Harris, pertains to the eligibility of certain criminal defendants for an order of nondisclosure of their criminal history record information. Specifically aimed at individuals with nonviolent offenses, the bill seeks to provide a pathway for these individuals to have their criminal records sealed after meeting specific criteria. This is seen as a necessary reform for promoting the successful reentry of individuals into society by reducing the barriers they face due to their criminal pasts. The bill proposes amendments to existing laws, modifying the timeframes and conditions under which an individual could petition for nondisclosure.

Sentiment

The sentiment around HB 4362 appears to be generally positive among advocacy groups and certain lawmakers, who argue that the bill is a step in the right direction towards reforming the criminal justice system. Supporters describe the bill as a critical measure to help individuals with nonviolent offenses rebuild their lives without the burden of a permanent criminal record. However, there are potential concerns expressed by opponents regarding the implications of broadening access to nondisclosure, particularly whether it may undermine public safety or reduce transparency about criminal backgrounds.

Contention

Notable points of contention include the potential impact on public safety and community trust if individuals with criminal records are allowed to conceal their histories more easily. Some legislators raised concerns regarding the balance between rehabilitation and accountability, questioning whether those who have committed certain misdemeanors should be granted nondisclosure. The debate raises fundamental questions about the ethics of criminal justice reform, local community safety, and the extent to which the law should assist in the reintegration process of former offenders.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 411. Department Of Public Safety Of The State Of Texas
    • Section: 0725
    • Section: 073
    • Section: 0735
    • Section: New Section
    • Section: 0725
    • Section: 073
    • Section: 0735
    • Section: New Section
    • Section: 0725
    • Section: 073
    • Section: 0735
    • Section: New Section

Companion Bills

TX SB1628

Identical Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.

Similar Bills

TX HB3547

Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information; authorizing a fee.

TX HB4515

Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.

TX SB1628

Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.

TX HB990

Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.

TX HB3261

Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.

TX SB219

Relating to orders of nondisclosure of criminal history record information for certain criminal defendants.

TX HB2300

Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.

TX HB2708

Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.