Relating to the expunction of arrest records and files relating to an offense for which an indictment or information was dismissed with prejudice.
Impact
If enacted, HB346 would significantly affect the process of expunction in Texas. The proposed changes would allow individuals who have faced dismissal with prejudice to seek to erase their arrest records, easing legal burdens on those who require their records to be clear for employment and other personal pursuits. This aligns with broader criminal justice reform efforts that emphasize rehabilitation and provide individuals with second chances by minimizing the adverse impacts of past arrests. As a result, the bill may lead to an increase in the number of successful expunctions, fostering reintegration into society for those affected.
Summary
House Bill 346 proposes amendments to the Texas Code of Criminal Procedure to allow for the expunction of arrest records and files for offenses where the indictment or information was dismissed with prejudice. This bill aims to provide individuals with the ability to clear their criminal records in situations where they have been wrongfully arrested or where charges were dismissed, enhancing opportunities for those affected by previous arrests to improve their lives without the stigma of a criminal record. Specifically, the bill addresses situations beyond mere acquittal or pardon, extending relief in cases of dismissals that carry a finding from the court.
Contention
Despite its potential benefits, House Bill 346 may face scrutiny and debate. Some lawmakers and stakeholders may express concerns about the implications of broadening expunction criteria, fearing that it could enable individuals who have a history of serious offenses to escape consequences while limiting the ability of the justice system to track repeat offenders. Proponents argue that the bill addresses injustices faced by many individuals unjustly ensnared in the legal system, while opponents may advocate for maintaining stricter control on whom can expunge criminal records, emphasizing public safety considerations.
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.
Relating to the expunction of arrest records and files for certain defendants placed on deferred adjudication community supervision for the unlawful carrying of a handgun.
Relating to the automatic expunction of arrest records and files for certain public safety employees who successfully complete a public safety employees treatment court program.
Relating to the automatic expunction of arrest records and files for certain public safety employees who successfully complete a public safety employees treatment court program.