Texas Senate Bill SB1448

Texas 2013 - 83rd Regular

Caption

Relating to orders of nondisclosure issued for records of certain fine-only misdemeanors; authorizing a fee.

Impact

Should SB1448 be enacted, it stands to impact state laws regarding criminal records and the handling of misdemeanor cases significantly. The provisions would amend existing laws under the Government Code that determine how criminal history records are managed, specifically in terms of what information may be disclosed to the public. By allowing individuals the opportunity to have certain misdemeanor offenses sealed, the bill supports reintegration into society for those who have faced legal issues. Moreover, the specified conditions for nondisclosure may alleviate the burden of lasting stigma associated with minor convictions, promoting a more rehabilitative approach to justice.

Summary

Senate Bill 1448 aims to facilitate the process of obtaining orders of nondisclosure for individuals convicted of certain fine-only misdemeanors, specifically allowing them to petition the court for a nondisclosure order under newly defined conditions. The bill delineates that individuals who have served their punishment, including any community service or fees, may pursue nondisclosure regardless of previous misdemeanor convictions, with the notable exceptions of serious offenses like sex offenses or family violence-related charges. This offers a legal pathway to mitigate the long-term repercussions of minor criminal offenses on personal and professional opportunities.

Contention

Some points of contention revolve around concerns regarding public safety and accountability, as critics may argue that allowing nondisclosure could hinder the availability of information that is relevant to background checks, especially in sensitive occupations such as education or healthcare. Supporters of SB1448 counter that the bill strikes a balance by excluding serious offenses needing registration as a sex offender and other forms of violent crimes. They believe that this measure recognizes the potential for redemption and personal growth while protecting individuals from the lifelong consequences of minor infractions. Enhanced transparency in how criminal records are handled remains a critical discussion point as this bill progresses.