By: West S.B. No. 1644
A BILL TO BE ENTITLED
AN ACT
relating to the right to expunction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 55.01 RIGHT OF EXPUNCTION. (a) A person who has been
placed under a custodial or noncustodial arrest for commission of
either a felony or misdemeanor is entitled to have all records and
files relating to the charge arrest expunged if:
(1) the person is tried for the offense for which the
person was arrested and is:
(A) acquitted by the trial court, except as
provided by Subsection (c); or
(B) convicted and subsequently:
(i) pardoned for a reason other than that
described by Subparagraph (ii); or
(ii) pardoned or otherwise granted relief
on the basis of actual innocence with respect to that offense, if
the applicable pardon or court order clearly indicates on its face
that the pardon or order was granted or rendered on the basis of the
person's actual innocence; or
(2) the person has been released and the charge, if
any, has not resulted in a final conviction and is no longer pending
and there was no court-ordered community supervision under Article
42.12 for the offense, unless the offense is a Class C misdemeanor,
provided that:
(A) regardless of whether any statute of
limitations exists for the offense and whether any limitations
period for the offense has expired, an indictment or information
charging the person with the commission of a misdemeanor offense
based on the person's arrest or charging the person with the
commission of any felony offense arising out of the same
transaction for which the person was arrested:
(i) has not been presented against the
person at any time following the arrest, and:
(a) at least 180 days have
elapsed from the date of arrest if the arrest for which the
expunction was sought was for an offense punishable as a Class C
misdemeanor and if there was no felony charge arising out of the
same transaction for which the person was arrested;
(a)(b) at least 180 days one year
has elapsed from the date of arrest if the arrest for which the
expunction was sought was for an offense punishable as a Class B or
A misdemeanor and if there was no felony charge arising out of the
same transaction for which the person was arrested;
(b)(c) at least two three years
have elapsed from the date of arrest if the arrest for which the
expunction was sought was for an offense punishable as a felony or
if there was a felony charge arising out of the same transaction for
which the person was arrested; or
(c)(d) the attorney representing
the state certifies that the applicable arrest records and files
are not needed for use in any criminal investigation or
prosecution, including an investigation or prosecution of another
person; or
(ii) if presented at any time following the
arrest, was dismissed or quashed, and the court finds that the
indictment or information was dismissed or quashed (1) because the
person completed a pretrial intervention program authorized under
Section 76.011, Government Code, (2) because the presentment had
been made because of mistake, false information, or other similar
reason indicating absence of probable cause at the time of the
dismissal to believe the person committed the offense, (3) or
because the indictment or information was void; (4) because the
person's Class C charge was dismissed pursuant to a plea bargain
agreement, in the interest of justice or other similar reason
indicating absence of probable cause or the person completed a
deferred disposition under Chapter 45 of this Code; or (5) because
the person completed a speciality court program authorized by
Subtitle K of the Government Code. or
(B) prosecution of the person for the offense for
which the person was arrested is no longer possible because the
limitations period has expired.
(a-1) Notwithstanding any other provision of this article,
a person may not expunge records and files relating to an arrest
that occurs pursuant to a warrant issued under Section 21, Article
42.12. If the arrest involves additional charges, a person may
expunge records and files relating to the additional charges if
they otherwise meet the eligibility requirements of this article.
(a-2) Notwithstanding any other provision of this article,
a person who intentionally or knowingly absconds from the
jurisdiction after being released under Chapter 17 following an
arrest is not eligible under Subsection (a)(2)(A)(i)(a), (b), or
(c) or Subsection (a)(2)(B) for an expunction of the records and
files relating to that arrest.
(b) Except as provided by Subsection (c), a district court
may expunge all records and files relating to the arrest of a person
who has been arrested for commission of a felony or misdemeanor
under the procedure established under Article 55.02 if:
(1) the person is:
(A) tried for the offense for which the person
was arrested;
(B) convicted of the offense; and
(C) acquitted by the court of criminal appeals
or, if the period for granting a petition for discretionary review
has expired, by a court of appeals; or
(2) an office of the attorney representing the state
authorized by law to prosecute the offense for which the person was
arrested recommends the expunction to the appropriate district
court before the person is tried for the offense, regardless of
whether an indictment or information has been presented against the
person in relation to the offense.
(c) A court may not order the expunction of records and
files relating to an arrest for an offense for which a person is
subsequently acquitted, whether by the trial court, a court of
appeals, or the court of criminal appeals, if the offense for which
the person was acquitted arose out of a criminal episode, as defined
by Section 3.01, Penal Code, and the person was convicted of or
remains subject to prosecution for at least one other offense
occurring during the criminal episode.
(d) A person is entitled to have any information that
identifies the person, including the person's name, address, date
of birth, driver's license number, and social security number,
contained in records and files relating to the arrest of another
person expunged if:
(1) the information identifying the person asserting
the entitlement to expunction was falsely given by the person
arrested as the arrested person's identifying information without
the consent of the person asserting the entitlement; and
(2) the only reason for the information identifying
the person asserting the entitlement being contained in the arrest
records and files of the person arrested is that the information was
falsely given by the person arrested as the arrested person's
identifying information.
(e) No prosecuting attorney may require as a condition for
any action in a criminal case that a person waive any rights under
this chapter.
SECTION 2. This Act takes effect January 1, 2016.