Texas 2015 - 84th Regular

Texas Senate Bill SB1644 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: West S.B. No. 1644
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the right to expunction.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Article 55.01, Code of Criminal Procedure, is
9	9	amended to read as follows:
10	10	Art. 55.01 RIGHT OF EXPUNCTION. (a) A person who has been
11	11	placed under a custodial or noncustodial arrest for commission of
12	12	either a felony or misdemeanor is entitled to have all records and
13	13	files relating to the charge arrest expunged if:
14	14	(1) the person is tried for the offense for which the
15	15	person was arrested and is:
16	16	(A) acquitted by the trial court, except as
17	17	provided by Subsection (c); or
18	18	(B) convicted and subsequently:
19	19	(i) pardoned for a reason other than that
20	20	described by Subparagraph (ii); or
21	21	(ii) pardoned or otherwise granted relief
22	22	on the basis of actual innocence with respect to that offense, if
23	23	the applicable pardon or court order clearly indicates on its face
24	24	that the pardon or order was granted or rendered on the basis of the
25	25	person's actual innocence; or
26	26	(2) the person has been released and the charge, if
27	27	any, has not resulted in a final conviction and is no longer pending
28	28	and there was no court-ordered community supervision under Article
29	29	42.12 for the offense, unless the offense is a Class C misdemeanor,
30	30	provided that:
31	31	(A) regardless of whether any statute of
32	32	limitations exists for the offense and whether any limitations
33	33	period for the offense has expired, an indictment or information
34	34	charging the person with the commission of a misdemeanor offense
35	35	based on the person's arrest or charging the person with the
36	36	commission of any felony offense arising out of the same
37	37	transaction for which the person was arrested:
38	38	(i) has not been presented against the
39	39	person at any time following the arrest, and:
40	40	(a) at least 180 days have
41	41	elapsed from the date of arrest if the arrest for which the
42	42	expunction was sought was for an offense punishable as a Class C
43	43	misdemeanor and if there was no felony charge arising out of the
44	44	same transaction for which the person was arrested;
45	45	(a)(b) at least 180 days one year
46	46	has elapsed from the date of arrest if the arrest for which the
47	47	expunction was sought was for an offense punishable as a Class B or
48	48	A misdemeanor and if there was no felony charge arising out of the
49	49	same transaction for which the person was arrested;
50	50	(b)(c) at least two three years
51	51	have elapsed from the date of arrest if the arrest for which the
52	52	expunction was sought was for an offense punishable as a felony or
53	53	if there was a felony charge arising out of the same transaction for
54	54	which the person was arrested; or
55	55	(c)(d) the attorney representing
56	56	the state certifies that the applicable arrest records and files
57	57	are not needed for use in any criminal investigation or
58	58	prosecution, including an investigation or prosecution of another
59	59	person; or
60	60	(ii) if presented at any time following the
61	61	arrest, was dismissed or quashed, and the court finds that the
62	62	indictment or information was dismissed or quashed (1) because the
63	63	person completed a pretrial intervention program authorized under
64	64	Section 76.011, Government Code, (2) because the presentment had
65	65	been made because of mistake, false information, or other similar
66	66	reason indicating absence of probable cause at the time of the
67	67	dismissal to believe the person committed the offense, (3) or
68	68	because the indictment or information was void; (4) because the
69	69	person's Class C charge was dismissed pursuant to a plea bargain
70	70	agreement, in the interest of justice or other similar reason
71	71	indicating absence of probable cause or the person completed a
72	72	deferred disposition under Chapter 45 of this Code; or (5) because
73	73	the person completed a speciality court program authorized by
74	74	Subtitle K of the Government Code. or
75	75	(B) prosecution of the person for the offense for
76	76	which the person was arrested is no longer possible because the
77	77	limitations period has expired.
78	78	(a-1) Notwithstanding any other provision of this article,
79	79	a person may not expunge records and files relating to an arrest
80	80	that occurs pursuant to a warrant issued under Section 21, Article
81	81	42.12. If the arrest involves additional charges, a person may
82	82	expunge records and files relating to the additional charges if
83	83	they otherwise meet the eligibility requirements of this article.
84	84	(a-2) Notwithstanding any other provision of this article,
85	85	a person who intentionally or knowingly absconds from the
86	86	jurisdiction after being released under Chapter 17 following an
87	87	arrest is not eligible under Subsection (a)(2)(A)(i)(a), (b), or
88	88	(c) or Subsection (a)(2)(B) for an expunction of the records and
89	89	files relating to that arrest.
90	90	(b) Except as provided by Subsection (c), a district court
91	91	may expunge all records and files relating to the arrest of a person
92	92	who has been arrested for commission of a felony or misdemeanor
93	93	under the procedure established under Article 55.02 if:
94	94	(1) the person is:
95	95	(A) tried for the offense for which the person
96	96	was arrested;
97	97	(B) convicted of the offense; and
98	98	(C) acquitted by the court of criminal appeals
99	99	or, if the period for granting a petition for discretionary review
100	100	has expired, by a court of appeals; or
101	101	(2) an office of the attorney representing the state
102	102	authorized by law to prosecute the offense for which the person was
103	103	arrested recommends the expunction to the appropriate district
104	104	court before the person is tried for the offense, regardless of
105	105	whether an indictment or information has been presented against the
106	106	person in relation to the offense.
107	107	(c) A court may not order the expunction of records and
108	108	files relating to an arrest for an offense for which a person is
109	109	subsequently acquitted, whether by the trial court, a court of
110	110	appeals, or the court of criminal appeals, if the offense for which
111	111	the person was acquitted arose out of a criminal episode, as defined
112	112	by Section 3.01, Penal Code, and the person was convicted of or
113	113	remains subject to prosecution for at least one other offense
114	114	occurring during the criminal episode.
115	115	(d) A person is entitled to have any information that
116	116	identifies the person, including the person's name, address, date
117	117	of birth, driver's license number, and social security number,
118	118	contained in records and files relating to the arrest of another
119	119	person expunged if:
120	120	(1) the information identifying the person asserting
121	121	the entitlement to expunction was falsely given by the person
122	122	arrested as the arrested person's identifying information without
123	123	the consent of the person asserting the entitlement; and
124	124	(2) the only reason for the information identifying
125	125	the person asserting the entitlement being contained in the arrest
126	126	records and files of the person arrested is that the information was
127	127	falsely given by the person arrested as the arrested person's
128	128	identifying information.
129	129	(e) No prosecuting attorney may require as a condition for
130	130	any action in a criminal case that a person waive any rights under
131	131	this chapter.
132	132	SECTION 2. This Act takes effect January 1, 2016.