Relating to the expunction of arrest records and files relating to certain nonviolent offenses.
Impact
This bill aims to streamline the expunction process and encourages rehabilitation by giving individuals a chance to clear their records. If enacted, it would also affect statutes related to criminal record dissemination, as businesses would be prohibited from publishing information about individuals for whom expunction orders have been issued. This means greater privacy protections for individuals who have successfully completed their community supervision, effectively helping them start anew without the stigma of past arrests.
Summary
House Bill 325 proposes amendments to the Code of Criminal Procedure in Texas regarding the expunction of arrest records and files for certain nonviolent offenses. The bill allows individuals who have been placed under custodial or noncustodial arrest to have their records expunged under specific conditions. These conditions include having received a discharge and dismissal from deferred adjudication community supervision, not having any subsequent arrests for certain types of offenses, and allowing a waiting period of five years for misdemeanors or ten years for felonies after the discharge and dismissal.
Contention
Notably, the bill may encounter points of contention regarding the waiting periods for expunction and the classification of offenses eligible for record sealing. Advocates highlight that such measures are crucial for reintegration into society, especially for individuals who committed nonviolent offenses. However, opponents may argue about the implications for public safety and transparency, fearing that allowing expunction too readily could undermine the criminal justice system's deterrent effects.
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 court costs imposed on conviction and deposited to the courthouse security fund or the municipal court building security fund; increasing fees.