Relating to the eligibility of certain criminal defendants for an order of nondisclosure; authorizing a fee.
Impact
This legislation will amend several sections of the Government Code, specifically relating to the management and dissemination of criminal history records. By permitting individuals placed on community supervision to petition for this nondisclosure, SB1172 potentially alters current state statutes governing how criminal records are treated and shared. It will also introduce a fee for processing these nondisclosure petitions, which could impact court operations and budget allocations. Moreover, the changes could streamline the process for eligible individuals to have their criminal records shielded from public access after a certain period.
Summary
Senate Bill 1172 addresses the eligibility criteria for certain criminal defendants seeking an order of nondisclosure of their criminal records. The bill allows individuals who have had their convictions set aside after being placed on community supervision to petition for nondisclosure, provided they meet specific conditions. The aim of the legislation is to facilitate the reintegration of individuals into society by granting them the opportunity to keep their criminal history private, supporting efforts to reduce recidivism and promote second chances.
Contention
While the bill is positioned as a means to assist individuals in moving beyond past mistakes, there has been some concern about the implications of such nondisclosure measures. Critics may argue that altering public access to criminal records can limit transparency and accountability, particularly in fields that necessitate careful vetting of individuals, such as education, law enforcement, and healthcare. Additionally, the inclusion of a fee for petitioning could be viewed as a barrier for some defendants looking to clear their records, raising discussions about the balance between promoting rehabilitation and ensuring community safety.
Relating to the eligibility of criminal defendants for an order of nondisclosure of criminal history record information for certain offenses committed when younger than 25 years of age.
Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants who successfully complete a period of community supervision following conviction; authorizing a fee.
Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants following successful completion of a period of deferred adjudication community supervision.
Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants following successful completion of a period of deferred adjudication community supervision.
Relating to the eligibility for an order of nondisclosure of criminal history record information of a criminal defendant who has successfully completed a specialty court program.
Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants following successful completion of a period of deferred adjudication community supervision.
Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants who successfully complete a period of community supervision following conviction; authorizing a fee.
Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants who successfully complete a period of community supervision following conviction; authorizing a fee.