By: Alonzo H.B. No. 3208
A BILL TO BE ENTITLED
AN ACT
relating to the expunction of criminal records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 55.01. RIGHT TO EXPUNCTION. (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); or
(B) convicted and subsequently:
(i) pardoned for a reason other than that described by
Subparagraph (ii); or
(ii) pardoned or otherwise granted relief on the basis of actual
innocence with respect to that offense, if the applicable pardon or
court order clearly indicates on its face that the pardon or order
was granted or rendered on the basis of the person's actual
innocence; or
(2) the person has been released and the charge is dismissed, 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 the offense; or unless the offense is a Class C
misdemeanor, provided that:
(A) (3) regardless of whether any statute of limitations exists
for the offense and whether any limitations period for the offense
has expired, an indictment or information charging the person with
the commission of an misdemeanor offense based on the person's
arrest or summons or charging the person with the commission of any
felony offense arising out of the same transaction for which the
person was arrested:
(i) has not been presented against the person at any time
following the arrest and:
a) at least 180 30 days have elapsed from the date of if the
offense arrest for which the expunction was sought was for an
offense punishable as a Class C misdemeanor and if there was no
felony charge arising out of the same transaction for which the
person was arrested;
(b) at least one year 90 days has elapsed from the date of arrest
if the arrest offense for which the expunction was sought was for an
offense punishable as a Class B or A misdemeanor and if there was no
felony charge arising out of the same transaction for which the
person was arrested;
(c) at least three years have elapsed from the date of the arrest
offense for which the expunction was sought was for an offense
punishable as a felony or if there was a felony charge arising out
of the same transaction for which the person was arrested; or
(d) the attorney representing the state certifies that the
applicable arrest records and files are not needed for use in any
criminal investigation or prosecution, including an investigation
or prosecution of another person; or
SECTION 2. The change in law made by this Act applies to the
prosecution of an offense committed or on after the effective date
of this Act. The prosecution of an offense committed before the
effective date of this Act is covered by the law in effect when the
offense was committed, and the former law is continued in effort for
this purpose. For purposes of this section, an offense is committed
before the effective date of this Act if any element of the offense
occurs before the effective date.
SECTION 3. This Act takes effect September 1, 2013.