Texas Senate Bill SB920

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/14/09

Caption

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

Impact

This legislation is expected to have a significant impact on criminal justice practices within the state. By providing clearer pathways for arrest record expunction, SB920 seeks to help individuals reintegrate into society without the stigma of an arrest record affecting their prospects. This change not only promotes fairness in the treatment of individuals who have not been convicted of a crime but also aligns with broader efforts to amend the consequences of criminal history on employment and housing opportunities.

Summary

SB920 aims to amend the Texas Code of Criminal Procedure to enhance the rights of individuals seeking to have their arrest records expunged. Under the newly proposed provisions, a person who has been arrested can apply for the expungement of all records related to their arrest if they were acquitted or later pardoned. Furthermore, it allows for expungement even if certain conditions are met regarding pending charges, thus simplifying the process for individuals with prior felony convictions under specific circumstances.

Contention

Notably, discussions around SB920 highlight different viewpoints regarding the effectiveness and implications of expungement laws. Proponents argue that the bill supports rehabilitation by ensuring that individuals who have been either acquitted or didn't face charges can move on without the burden of their arrest records. Critics, however, may express concerns about the risk of expunction being misused or lack adequate safeguards, potentially allowing individuals with problematic backgrounds to obscure their history, thus complicating public safety efforts.