By: Uresti H.B. No. 4224
A BILL TO BE ENTITLED
AN ACT
Relating to the expunction of certain records involving marihuana
possession.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
amending Section 411.074 to read as follows:
Sec. 411.074. REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF
[NONDISCLOSURE] EXPUNCTION.
(a) A person may be granted an order of [nondisclosure]
expunction of criminal history record information under this
subchapter and, when applicable, is entitled to petition the court
to receive an order under this subchapter only if, during the period
after the court pronounced the sentence or placed the person on
deferred adjudication community supervision for the offense for
which the order of [nondisclosure] expunction is requested, and
during any applicable waiting period after completion of the
sentence or deferred adjudication community supervision required
by this subchapter, the person is not convicted of or placed on
deferred adjudication community supervision under Subchapter C,
Chapter 42A, Code of Criminal Procedure, for any offense other than
an offense under the Transportation Code punishable by fine only.
(b) A person may not be granted an order of [nondisclosure]
expunction of criminal history record information under this
subchapter and is not entitled to petition the court for an order
under this subchapter if:
(1) the person was convicted or placed on deferred
adjudication community supervision for or has been previously
convicted or placed on any other deferred adjudication community
supervision for:
(A) an offense requiring registration as a sex
offender under Chapter 62, Code of Criminal Procedure;
(B) an offense under Section 20.04, Penal Code,
regardless of whether the offense is a reportable conviction or
adjudication for purposes of Chapter 62, Code of Criminal
Procedure;
(C) an offense under Section 19.02, 19.03,
20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal
Code; or
(D) any other offense involving family violence,
as defined by Section 71.004, Family Code; or
(2) the court makes an affirmative finding that the
offense for which the order of [nondisclosure] expunction of
criminal history record information is requested involved family
violence, as defined by Section 71.004, Family Code.
SECTION 2. This Act takes effect September 1, 2017.