By: Veasey H.B. No. 3481
A BILL TO BE ENTITLED
AN ACT
relating to the right to an expunction of records and files relating
to a person's arrest.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 55.01(a) and (a-1), Code of Criminal
Procedure, are amended to read as follows:
(a) A person who has been placed under a custodial or
noncustodial arrest for commission of either a felony or
misdemeanor is entitled to have all records and files relating to
the arrest expunged if:
(1) the person is tried for the offense for which the
person was arrested and is:
(A) acquitted by the trial court, except as
provided by Subsection (c) [of this section]; or
(B) convicted and subsequently pardoned; or
(2) each of the following conditions exist:
(A) an indictment or information charging the
person with commission of a felony has not been presented against
the person for an offense arising out of the transaction for which
the person was arrested or, if an indictment or information
charging the person with commission of a felony was presented, the
indictment or information has been dismissed or quashed;
(B) if an indictment or information charging the
person with commission of a felony was dismissed or quashed as
described by Paragraph (A), either [and]:
(i) the limitations period expired before
the date on which a petition for expunction was filed under Article
55.02; or
(ii) the court finds that the indictment or
information was dismissed or quashed because the presentment had
been made because of mistake, false information, or other similar
reason indicating absence of probable cause at the time of the
dismissal to believe the person committed the offense or because it
was void;
(C) [(B)] the person has been released and the
charge, if any, has not resulted in a final conviction and is no
longer pending and there was no court ordered community supervision
under Article 42.12 for any offense other than a Class C
misdemeanor; and
(D) [(C)] the person has not been convicted of a
felony in the five years preceding the date of the arrest.
(a-1) Notwithstanding Subsection (a)(2)(D) [(a)(2)(C)], a
person's conviction of a felony in the five years preceding the date
of the arrest does not affect the person's entitlement to
expunction for purposes of an ex parte petition filed on behalf of
the person by the director of the Department of Public Safety under
Section 2(e), Article 55.02.
SECTION 2. The change in law made by this Act applies to a
person seeking expunction of records relating to an arrest
regardless of whether the arrest occurred before, on, or after the
effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.