85R1905 ADM-D
By: Canales H.B. No. 325
A BILL TO BE ENTITLED
AN ACT
relating to the expunction of arrest records and files relating to
certain nonviolent offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 55, Code of Criminal Procedure, is
amended by adding Article 55.012 to read as follows:
Art. 55.012. EXPUNCTION OF CERTAIN NONVIOLENT OFFENSES.
(a) A person who has been placed under a custodial or noncustodial
arrest for an offense other than an 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
offense and subsequently received a discharge and dismissal in the
case 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 offense for which the person
was placed on deferred adjudication community supervision; and
(3) since the date on which the person received a
discharge and dismissal as described by Subdivision (1):
(A) a period of not less than five years has
passed, if the offense for which the person received the discharge
and dismissal was a misdemeanor; or
(B) a period of not less than 10 years has passed,
if the offense for which the person received the discharge and
dismissal was a felony.
(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 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 2. 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 3. 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 4. 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 5. 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 6. 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 7. 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 8. 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 9. This Act takes effect September 1, 2017.