Texas 2011 - 82nd Regular

Texas House Bill HB2889

Filed
 
Out of House Committee
4/26/11  
Introduced
3/10/11  
Voted on by House
5/11/11  
Refer
3/17/11  
Out of Senate Committee
5/19/11  
Report Pass
4/18/11  
Voted on by Senate
5/23/11  
Bill Becomes Law
 
Enrolled
5/24/11  
Enrolled
5/24/11  

Caption

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

Impact

The implementation of HB2889 could significantly alter state laws relating to criminal record expunction. Currently, individuals may face various challenges in obtaining jobs, housing, or engaging in community activities due to prior arrests that do not result in convictions. By amending the expunction eligibility requirements, this bill seeks to remove barriers that prevent individuals from moving forward after a legal incident. If passed, it may result in a broadening of eligibility, providing relief to many Texans seeking to leave their past behind while addressing disproportionate impacts on marginalized communities who are more often subjected to arrests, regardless of conviction rates.

Summary

House Bill 2889 aims to reform the expunction process of criminal records in Texas, particularly focusing on the conditions under which a person can have their arrest records expunged. The bill outlines that individuals arrested for a felony or misdemeanor are eligible for the expunction of all records and files related to their arrest, provided certain legal criteria are met. These criteria include having been acquitted of the charges, receiving a pardon, or having the charges dismissed or quashed. The proposed changes signify a movement towards providing individuals greater opportunity for rehabilitation by sealing their past encounters with the law from public view, thus enabling them to reintegrate more effectively into society.

Contention

While supporters argue that HB2889 will enhance civil rights and promote rehabilitation, there may be concerns from law enforcement and victim advocacy groups who worry about the implications of expunging records. Critics may contend that such measures could potentially undermine public safety or create challenges in tracking repeated offenders. However, proponents emphasize the need for a balanced approach that prioritizes justice reform and acknowledges the right of individuals to have a second chance without the stigma of past arrests limiting their life opportunities.

Companion Bills

TX SB1473

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

Similar Bills

No similar bills found.