85R11508 JRR-D
By: Muñoz, Jr. H.B. No. 2903
A BILL TO BE ENTITLED
AN ACT
relating to the entitlement of certain persons to the expunction of
arrest records and files.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 55.01(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(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 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 Chapter
42A 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;
(b) at least 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;
(c) at least 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
(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 because the
person completed a pretrial intervention program authorized under
Section 76.011, Government Code, 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, or because the indictment
or information was void; [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; or
(C) 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, regardless of whether an indictment or information
has been presented against the person in relation to the offense.
(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:
(1) [(A)] tried for the offense for which the person
was arrested;
(2) [(B)] convicted of the offense; and
(3) [(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].
SECTION 2. Chapter 55, Code of Criminal Procedure, is
amended by adding Article 55.012 to read as follows:
Art. 55.012. EXPUNCTION OF CERTAIN NONVIOLENT MISDEMEANOR
OFFENSES. (a) A person who has been placed under a custodial or
noncustodial arrest for a misdemeanor offense other than a
misdemeanor offense under Title 5, Penal Code, is entitled to have
all records and files related to the arrest expunged if:
(1) the person was placed on deferred adjudication
community supervision under Subchapter C, Chapter 42A, for the
misdemeanor offense and subsequently received a discharge and
dismissal under Article 42A.111;
(2) the person has not been arrested for the
commission of any Class B misdemeanor, Class A misdemeanor, or
felony committed after the date of the misdemeanor offense for
which the person was placed on deferred adjudication community
supervision; and
(3) the attorney representing the state recommends the
expunction to the court that granted the deferred adjudication
community supervision or a period of not less than five years has
passed since the date on which the person received the discharge and
dismissal described by Subdivision (1).
(b) The person must submit an ex parte petition for
expunction to the court that granted the deferred adjudication
community supervision. The petition must be verified and must
contain:
(1) the information described by Section 2(b), Article
55.02; and
(2) a statement that the person has not been arrested
for the commission of any Class B misdemeanor, Class A misdemeanor,
or felony committed after the date of the misdemeanor offense for
which the person was placed on deferred adjudication community
supervision.
(c) If the court finds that the petitioner is entitled to
expunction of any arrest records and files that are the subject of
the petition, the court shall enter an order directing expunction
in a manner consistent with the procedures described by Section 1a,
Article 55.02.
SECTION 3. Section 109.005(a), Business & Commerce Code, is
amended to read as follows:
(a) A business entity may not publish any criminal record
information in the business entity's possession with respect to
which the business entity has knowledge or has received notice
that:
(1) an order of expunction has been issued under
Chapter 55 [Article 55.02], Code of Criminal Procedure; or
(2) an order of nondisclosure of criminal history
record information has been issued under Subchapter E-1, Chapter
411, Government Code.
SECTION 4. Article 55.011(b), Code of Criminal Procedure,
is amended to read as follows:
(b) A close relative of a deceased person who, if not
deceased, would be entitled to expunction of records and files
under this chapter [Article 55.01] may file on behalf of the
deceased person an ex parte petition for expunction under Section 2
or 2a, Article 55.02, or Article 55.012, as applicable. If the
court finds that the deceased person would be entitled to
expunction of any record or file that is the subject of the
petition, the court shall enter an order directing expunction.
SECTION 5. Section 411.0835, Government Code, is amended to
read as follows:
Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO
CERTAIN PRIVATE ENTITIES. If the department receives information
indicating that a private entity that purchases criminal history
record information from the department has been found by a court to
have committed three or more violations of Section 552.1425 by
compiling or disseminating information with respect to which an
order of expunction has been issued under Chapter 55 [Article
55.02], Code of Criminal Procedure, or an order of nondisclosure of
criminal history record information has been issued under
Subchapter E-1, the department may not release any criminal history
record information to that entity until the first anniversary of
the date of the most recent violation.
SECTION 6. Section 411.0851(a), Government Code, is amended
to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information shall destroy and
may not disseminate any information in the possession of the entity
with respect to which the entity has received notice that:
(1) an order of expunction has been issued under
Chapter 55 [Article 55.02], Code of Criminal Procedure; or
(2) an order of nondisclosure of criminal history
record information has been issued under Subchapter E-1.
SECTION 7. Section 411.151(b), Government Code, is amended
to read as follows:
(b) A person may petition for the expunction of a DNA record
under the procedures established under Article 55.02, Code of
Criminal Procedure, if the person is entitled to the expunction of
records relating to the offense to which the DNA record is related
under Chapter 55 [Article 55.01], Code of Criminal Procedure.
SECTION 8. Section 552.1425(a), Government Code, is amended
to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information may not compile or
disseminate information with respect to which the entity has
received notice that:
(1) an order of expunction has been issued under
Chapter 55 [Article 55.02], Code of Criminal Procedure; or
(2) an order of nondisclosure of criminal history
record information has been issued under Subchapter E-1, Chapter
411.
SECTION 9. This Act applies to an expunction of records and
files relating to any criminal offense that occurred before, on, or
after the effective date of this Act.
SECTION 10. This Act takes effect September 1, 2017.