Texas Senate Bill SB1646

Texas 2015 - 84th Regular

Caption

Relating to the procedure for expunction for certain defendants.

Impact

The legislation will notably amend Article 55.02 of the Texas Code of Criminal Procedure, affecting how expunction petitions are filed and processed. It mandates that courts must enter expunction orders for eligible individuals within 30 days of their entitlement being recognized. This change is expected to reduce the backlog of expunction cases and help individuals move forward in their lives more quickly by clearing their criminal records, thereby facilitating better access to employment and other opportunities.

Summary

SB1646 aims to streamline and clarify the procedures related to the expunction of certain defendants' records in the state of Texas. By amending existing legal statutes, the bill is designed to ensure that defendants who are entitled to expunction due to reasons such as a pardon or relief based on factual innocence can have their records expunged more efficiently. Key changes include establishing a clear timeline for the courts to react to expunction requests and enhancing the responsibilities of governmental entities to comply with expunction orders.

Contention

Throughout the discussions surrounding SB1646, there have been varied opinions on its potential impact. Proponents argue that this bill represents a necessary reform aimed at rectifying the challenges individuals face in overcoming past arrests or convictions that do not accurately reflect their current circumstances. However, some critics raised concerns about the adequacy of the oversight and the potential for backlogs caused by the rush to process expunction requests. They worry that, while the intention is to assist affected individuals, the implementation could lead to new challenges in judicial processing or scrutiny over how eligible cases are determined.