Texas House Bill HB2002

Texas 2009 - 81st Regular

• Out of House Committee: 4/23/09
• Voted on by House: 5/13/09
• Out of Senate Committee: 5/22/09
• Voted on by Senate: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 5/29/09
• Passed: 6/19/09

Caption

Relating to a right of a close relative to seek expunction of arrest records and files on behalf of a deceased person.

Impact

If enacted, HB2002 will provide a legal avenue for close relatives to seek expunction of records that may unfairly tarnish the deceased's reputation. This would not only serve to protect the privacy rights of deceased individuals but could also ease the emotional burden on their families. By enabling the expunction process, the bill ultimately aims to uphold the dignity of those who have passed while also giving their relatives a means to rectify past injustices associated with criminal records.

Summary

House Bill 2002 seeks to amend the Texas Code of Criminal Procedure by allowing certain close relatives of deceased individuals to petition for the expunction of arrest records and files on behalf of the deceased. This is significant as it addresses the concerns of families who wish to clear the names of their deceased loved ones, especially in cases where the deceased person would have been eligible for expunction had they been alive. The bill stipulates that eligible relatives include grandparents, parents, spouses, and adult siblings or children of the deceased.

Contention

Though the bill is poised to benefit many, potential points of contention may arise regarding the criteria under which expunction is granted. Questions about the required burden of proof that must be demonstrated by the relatives seeking expunction could spark debates. Additionally, there may be concerns regarding how such changes might affect the accessibility and integrity of criminal records databases, as well as the implications for law enforcement and legal proceedings related to these cases.