84R2569 AJZ-D
By: Canales H.B. No. 1014
A BILL TO BE ENTITLED
AN ACT
relating to the expunction of arrest records and files relating to
certain nonviolent offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 55, Code of Criminal Procedure, is
amended by adding Article 55.012 to read as follows:
Art. 55.012. EXPUNCTION OF CERTAIN NONVIOLENT OFFENSES.
(a) A person who has been placed under a custodial or noncustodial
arrest for an offense other than an offense under Title 5, Penal
Code, is entitled to have all records and files related to the
arrest expunged if:
(1) the person was placed on deferred adjudication
community supervision under Section 5, Article 42.12, for the
offense and subsequently received a discharge and dismissal in the
case under Section 5(c), Article 42.12;
(2) the person has not been arrested for the
commission of any Class B misdemeanor, Class A misdemeanor, or
felony committed after the date of the offense for which the person
was placed on deferred adjudication community supervision; and
(3) since the date on which the person received a
discharge and dismissal as described by Subdivision (1):
(A) a period of not less than five years has
passed, if the offense for which the person received the discharge
and dismissal was a misdemeanor; or
(B) a period of not less than 10 years has passed,
if the offense for which the person received the discharge and
dismissal was a felony.
(b) The person must submit an ex parte petition for
expunction to the court that granted the deferred adjudication
community supervision. The petition must be verified and must
contain:
(1) the information described by Section 2(b), Article
55.02; and
(2) a statement that the person has not been arrested
for the commission of any Class B misdemeanor, Class A misdemeanor,
or felony committed after the date of the offense for which the
person was placed on deferred adjudication community supervision.
(c) If the court finds that the petitioner is entitled to
expunction of any arrest records and files that are the subject of
the petition, the court shall enter an order directing expunction
in a manner consistent with the procedures described by Section 1a,
Article 55.02.
SECTION 2. Section 411.0851(a), Government Code, is amended
to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information shall destroy and
may not disseminate any information in the possession of the entity
with respect to which the entity has received notice that:
(1) an order of expunction has been issued under
Chapter 55 [Article 55.02], Code of Criminal Procedure; or
(2) an order of nondisclosure has been issued under
Section 411.081(d).
SECTION 3. Section 552.1425(a), Government Code, is amended
to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information may not compile or
disseminate information with respect to which the entity has
received notice that:
(1) an order of expunction has been issued under
Chapter 55 [Article 55.02], Code of Criminal Procedure; or
(2) an order of nondisclosure has been issued under
Section 411.081(d).
SECTION 4. This Act takes effect September 1, 2015.