Texas 2009 - 81st Regular

Texas House Bill HB2213

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the consequences of community supervision and to petitions and procedures for the expunction of criminal records and files and to orders of nondisclosure.

Note

HB 2213 not only seeks to streamline the expunction process but also aims to address systemic barriers faced by individuals with criminal histories. The balance between facilitating reintegration and ensuring community safety remains a crucial dialogue in the comparative summaries of this bill.

Impact

The legislation significantly alters Texas law concerning the management of criminal records, particularly for those who have successfully completed community supervision. It ensures that after successful completion, individuals are afforded the right to petition for expunction of records related to their community supervision. The bill establishes a more straightforward path to expunction depending on the nature of the offenses, which varies between misdemeanors and felonies, essentially allowing individuals to move beyond their past infractions without excessive barriers.

Summary

House Bill 2213, known as the Community Supervision and Expunction Reform Act of 2009, focuses on the consequences of community supervision and the processes applicable to the expunction and nondisclosure of criminal records in Texas. The bill intends to amend existing laws in the Code of Criminal Procedure to ensure that certain orders of community supervision, once discharged, are not considered convictions and cannot hinder an individual's future opportunities for certification, licensing, or employment. The legislation aims to enhance the paths to clearing a person's criminal history, thereby helping individuals reintegrate into society effectively.

Contention

Several points of contention arise concerning the potential implications of HB 2213. Some lawmakers argue that while the act promotes rehabilitation, it may inadvertently allow individuals with serious offenses greater access to expunction, thus raising concerns among constituents about public safety and accountability. Opponents of the bill, including some community advocacy groups, express fears that this could undermine the gravity of criminal records and the legal weight they carry in decisions regarding public safety and employment.

Companion Bills

TX SB2075

Identical Relating to the consequences of successfully completing a term of deferred adjudication community supervision with respect to the expunction or use of certain criminal history records and files.

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