84R11773 ADM-F
By: Bettencourt S.B. No. 1335
A BILL TO BE ENTITLED
AN ACT
relating to the period after which a governmental entity must
execute an expunction order.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 5(a) and (f), Article 55.02, Code of
Criminal Procedure, are amended to read as follows:
(a) Except as provided by Subsections (f) and (g), on
receipt of the order and after the court's plenary power expires,
any post-judgment activity in the case is resolved, and the
disposition of the case becomes final, each official or agency or
other governmental entity named in the order shall:
(1) return all records and files that are subject to
the expunction order to the court or in cases other than those
described by Section 1a, if removal is impracticable, obliterate
all portions of the record or file that identify the person who is
the subject of the order and notify the court of its action; and
(2) delete from its public records all index
references to the records and files that are subject to the
expunction order.
(f) On receipt of an order granting expunction to a person
entitled to expunction under Article 55.01(d) and after the court's
plenary power expires, any post-judgment activity in the case is
resolved, and the disposition of the case becomes final, each
official, agency, or other governmental entity named in the order:
(1) shall:
(A) obliterate all portions of the record or file
that identify the petitioner; and
(B) substitute for all obliterated portions of
the record or file any available information that identifies the
person arrested; and
(2) may not return the record or file or delete index
references to the record or file.
SECTION 2. This Act takes effect September 1, 2015.