82R13078 KEL-F
By: Johnson H.B. No. 3181
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. Article 55.01(a), Code of Criminal Procedure, is
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) either:
(i) an indictment or information charging
the person with the commission of a felony or misdemeanor arising
out of the transaction for which the person was arrested:
(a) has not been presented against the
person and the court finds that the reason that such an indictment
or information has not been presented is because, at the time of the
hearing under Article 55.02, there is an absence of probable cause
to believe the person committed an offense arising out of the
transaction for which the person was arrested; or
(b) has been [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 against the person, but was subsequently [the
indictment or information has been] dismissed or quashed, and:
(1) [(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 person
successfully completed a pretrial intervention program authorized
under Section 76.011, Government Code; [,] or
(2) 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 the indictment or information [it] was void; or
(ii) the limitations period expired before
the date on which a petition was filed under Article 55.02;
(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
(C) the person has not been convicted of a felony
in the five years preceding the date of the arrest.
SECTION 2. The change in law made by this Act applies to a
person seeking expunction of records and files 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, 2011.