Relating to the right to an expunction of records and files relating to a person's arrest.
Impact
If enacted, HB 4135 would significantly affect how records related to arrests are handled under state law. For many individuals, this bill represents an important pathway to restoring their reputation and reducing barriers to employment and housing that can result from lingering arrest records. By allowing more individuals access to expungement, the bill seeks to address the long-term consequences of arrest without conviction, which disproportionately affect marginalized groups. Moreover, HB 4135 includes provisions that apply retroactively, which could benefit many individuals who have faced similar issues in the past.
Summary
House Bill 4135 aims to amend the Code of Criminal Procedure regarding the expunction of arrest records and files. The bill entitles any person who has been arrested, whether for a felony or misdemeanor, to have their records expunged under certain conditions. Primarily, a person would be eligible if they have either been acquitted in court, pardoned after a conviction, or if no charges were ultimately filed against them after the arrest, provided that the limitations period has expired. The intent of this legislation is to offer individuals, who may have been unjustly arrested or charged, a more straightforward process for clearing their records.
Contention
Notable points of contention surrounding HB 4135 include concerns regarding public safety and accountability in enforcing the law. Some opponents may argue that making it easier for individuals to have their arrest records expunged could hinder law enforcement's ability to track repeat offenders or maintain comprehensive criminal records for the public good. Additionally, debates may arise about the criteria for expunction, with some advocating for stricter guidelines to ensure that the process is not misused, while supporters argue for broader access to support rehabilitation and reintegration into society.
Relating to the expunction of arrest records and files when a grand jury fails to find that probable cause exists to believe the alleged offense was committed.
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.
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.
Relating to the expunction of arrest records and files for certain defendants placed on deferred adjudication community supervision for the unlawful carrying of a handgun.