Texas House Bill HB268

Texas 2015 - 84th Regular

• Filed: 11/12/14

Caption

Relating to the prompt issuance of an order of nondisclosure for certain defendants; authorizing a fee.

Impact

The bill's changes from existing procedures affect the handling of criminal records, particularly for individuals once placed on deferred adjudication. By allowing for an order of nondisclosure to be issued alongside a defendant's discharge, the legislation seeks to enhance privacy protections for people who have been through the judicial process, emphasizing rehabilitation over permanent labeling as a criminal. This shift acknowledges the need for second chances for defendants who have fulfilled their obligations under the court's supervision.

Summary

House Bill 268 aims to amend the Government Code to facilitate the prompt issuance of nondisclosure orders for certain defendants who have successfully completed deferred adjudication. Specifically, the bill introduces a new provision allowing eligible individuals to petition for a nondisclosure order at the time the court discharges and dismisses their case. This process is intended to streamline how nondisclosure becomes available, potentially lowering barriers to access for those who qualify under this category of criminal proceedings.

Contention

Notable points of contention surrounding HB 268 may arise from perspectives on public safety and the management of criminal records. Supporters of the bill argue that it paves the way for more individuals to reintegrate into society without the stigma associated with a criminal record. Critics, however, might express concerns that easing the nondisclosure process for past offenses could hinder transparency and impact community safety, especially if those offenses involve serious crimes. Balancing individual rights and public safety considerations is likely to be at the forefront of discussions regarding this legislation.