Texas House Bill HB176

Texas 2019 - 86th Regular

Caption

Relating to prohibiting a person's waiver of a right to an expunction or to an order of nondisclosure of criminal history record information with respect to a criminal offense.

Impact

If enacted, HB176 would significantly affect how individuals with criminal charges navigate their legal circumstances, particularly in retaining their rights to seek expunction or nondisclosure. By rendering any waiver of these rights void, the bill increases the protections available to individuals who might otherwise feel compelled to relinquish their rights in exchange for plea agreements or other legal resolutions. The law would apply only to waivers executed on or after its effective date, ensuring that individuals who waived their rights before this law is implemented would still be governed by the previous legal framework.

Summary

House Bill 176 aims to establish strict regulations around the waiver of rights concerning expunction and nondisclosure of criminal history record information in Texas. Specifically, the bill prohibits individuals from waiving their right to seek an expunction or an order of nondisclosure as part of any agreement related to the disposition of criminal charges. This amendment ensures that supposed waivers in such contexts are deemed void unless they solely pertain to records held by the state’s attorney in the individual's case. The underlying intent is to safeguard the rights of individuals charged with offenses, ensuring they retain access to these legal remedies following alleged offenses.

Contention

The introduction and potential passage of HB176 may generate significant discussion among legal experts, law enforcement, and advocates for criminal justice reform. Supporters of the bill argue that it reinforces individuals' legal protections and promotes fairness within the legal system. However, critics may contend that it could complicate criminal proceedings or hinder judicial discretion in determining appropriate resolutions for cases involving minor offenses. Overall, the implications of this bill underscore a larger conversation about the balance between protecting individual rights and ensuring an efficient justice system.