Texas House Bill HB3881

Texas 2009 - 81st Regular

• Out of House Committee: 4/29/09
• Voted on by House: 5/5/09

Caption

Relating to the right to an expunction of records and files relating to a person's arrest.

Impact

The passing of HB3881 would have significant implications for individuals seeking to expunge their criminal records in Texas. Under the current system, many people face challenges stemming from arrests that did not lead to convictions or those that resulted in dismissals. By providing clearer criteria for expunction, the legislation aims to reduce the lingering negative impacts of arrests that did not culminate in guilty outcomes. This change may improve employment opportunities and social reintegration for formerly arrested individuals, as they would have a legal provision to clear their names more effectively.

Summary

House Bill 3881 aims to amend the Code of Criminal Procedure concerning the conditions under which individuals can seek the expunction of records related to their arrests. This bill specifies that a person who has been arrested can have their records expunged if they were either acquitted of the offense for which they were arrested, or if they were convicted and subsequently pardoned. The bill also provides conditions where expunction is permissible when no felony charge is filed or if previous charges were dismissed without the possibility of conviction. This clarification is intended to ease the process for individuals seeking to clear their records following an arrest that did not lead to a conviction.

Contention

Discussions around HB3881 highlight a broader debate about balancing accountability in the justice system with the rights of individuals post-arrest. Some lawmakers express concerns that easing expunction processes may lead to challenges in accurately tracking criminal activity and past behaviors, arguing that transparency in arrest records serves public safety interests. On the other hand, advocates for criminal justice reform emphasize the need for individuals to move on from past arrests that do not reflect their actual legal status as law-abiding citizens and the importance of eliminating barriers to employment and housing that these records often create.