Texas House Bill HB681

Texas 2017 - 85th Regular

• Filed: 12/21/16

Caption

Relating to restricting access to certain information that relates to a person convicted of or granted a dismissal after deferral of disposition for a fine-only misdemeanor offense.

Impact

The bill will modify the Code of Criminal Procedure by adding new provisions that ensure certain records of individuals convicted of fine-only misdemeanors remain confidential after a specified period. This change will apply to information held by appellate as well as municipal and justice courts. Proponents believe that limiting access to these records can support individuals in overcoming past mistakes, which may otherwise impede their ability to find employment or housing.

Summary

House Bill 681 focuses on restricting public access to certain records related to individuals convicted of fine-only misdemeanor offenses. The legislation proposes that after five years from a final conviction or dismissal, related records and files become confidential and cannot be disclosed to the public. The intent behind this bill is to protect individuals from the permanent stigma associated with minor offenses, thereby potentially aiding their rehabilitation and reintegration into the community.

Sentiment

Sentiment around HB 681 appears to be generally supportive, especially among advocates for criminal justice reform who argue that protecting the privacy of individuals with minor misdemeanor convictions is essential for reducing recidivism and supporting second chances. However, there may also be concerns among those who believe that accessibility to criminal records is important for public safety and transparency in the legal system.

Contention

One point of contention regarding this bill is the balance between privacy for individuals and the public's right to access criminal history information. While supporters assert that the legislation aids personal rehabilitation, critics may argue that it could hinder informed decision-making for employers and others who rely on such records. Additionally, determining who exactly has the right to access such records could lead to disputes about enforcement and transparency.