Texas 2017 - 85th Regular

Texas House Bill HB670

Filed
12/20/16  
Out of House Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the expunction of arrest records and files relating to certain criminal offenses.

Impact

The enactment of HB 670 would significantly impact Texas laws on criminal record expunction, particularly regarding nonviolent misdemeanors. It simplifies the process for eligible individuals while ensuring that those convicted of more serious offenses do not take advantage of these provisions. Additionally, the bill amplifies the rights individuals have in disputing criminal records, which can be detrimental to their employment and social standing. By streamlining expunction procedures, the bill could potentially reduce the backlog of pending expunction cases in Texas courts.

Summary

House Bill 670 aims to reform the process of expunction for nonviolent misdemeanor offenses in Texas. It adds provisions for individuals who have been placed under deferred adjudication community supervision, allowing them to petition the court for expunction of their arrest records after a specified period. The bill establishes clear criteria under which eligible individuals can seek the removal of their criminal records, primarily focusing on those without subsequent convictions or pending charges. This legislative change is designed to enhance opportunities for individuals seeking to reintegrate into society by clearing their criminal history for certain minor offenses.

Sentiment

The sentiment around HB 670 has generally been supportive, with broad consensus on the need for reforming how nonviolent misdemeanor records are handled. Advocates for criminal justice reform believe it represents a step towards giving individuals a fair chance at employment and societal reintegration after minor offenses. However, there have been some concerns among lawmakers and advocacy groups about ensuring robust safeguards are in place to prevent abuse of the expunction process, particularly concerning ongoing criminal activities.

Contention

Despite its overall support, discussions around HB 670 highlighted some contentious points, particularly regarding what constitutes a 'nonviolent misdemeanor'. Critics have argued that the bill might not adequately address cases involving domestic violence or similar concerns, questioning whether the expunction process might inadvertently shield certain individuals. Additionally, there are ongoing debates over aspects of the bill that limit access to expunction, particularly the requirement of a five-year waiting period after receiving a discharge and dismissal.

Companion Bills

TX HB666

Duplicate Relating to the expunction of arrest records and files relating to certain nonviolent misdemeanor offenses.

Previously Filed As

TX HB1715

Relating to the expunction of arrest records and files relating to certain nonviolent misdemeanor offenses.

TX SB84

Relating to the expunction of all records and files related to arrests for certain decriminalized misdemeanor offenses.

TX HB394

Relating to the expunction of all records and files related to arrests for certain decriminalized misdemeanor offenses.

TX HB2193

Relating to the automatic expunction of all records and files related to arrests for certain misdemeanor offenses.

TX HB4776

Relating to the expunction of all records and files related to a finding of criminal contempt by a court.

TX HB3686

Relating to the automatic expunction of arrest records and files after certain controlled substance offense charges are dismissed.

TX HB3956

Relating to the creation of DNA records for a person arrested for a felony offense and the expunction of DNA records in certain circumstances.

TX HB3260

Relating to the expunction of arrest records and files by a statutory county court.

TX HB1405

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.

TX SB1020

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.

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 HB395

Relating to court costs imposed on conviction and deposited to the appropriate courthouse security fund or court building security fund.

TX HB777

Relating to court costs imposed on conviction and deposited to the appropriate courthouse security fund or court building security fund.

TX HB2588

Relating to a limitation on the authority to arrest a person for certain misdemeanors.

TX HB203

Relating to a limitation on the authority to arrest a person for certain misdemeanors.

TX HB3992

Relating to court costs imposed on conviction and deposited to the courthouse security fund or the municipal court building security fund; increasing fees.

TX HB666

Relating to the expunction of arrest records and files relating to certain nonviolent misdemeanor offenses.

TX HB4190

Relating to court costs imposed on conviction and deposited to the appropriate courthouse security fund or court building security fund.