Texas Senate Bill SB1686

Texas 2019 - 86th Regular

Caption

Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.

Impact

If enacted, SB1686 would impact state laws by broadening the circumstances under which individuals can seek nondisclosure of their criminal records. This change means that after completing their community supervision, individuals could wait a designated period—10 years for misdemeanors and 15 years for felonies—before petitioning the court. This is aimed at reducing the stigma associated with certain convictions, enhancing employment opportunities, and encouraging personal responsibility among individuals previously convicted of crimes.

Summary

Senate Bill 1686 seeks to amend Section 411 of the Government Code by establishing new eligibility criteria for certain criminal defendants to petition for an order of nondisclosure with respect to their criminal history record information. This bill is particularly relevant for individuals placed on community supervision for specific misdemeanors and felonies that do not include certain offenses, such as those involving sexual crimes or family violence. The intent is to provide a pathway for individuals to clear their records after fulfilling their supervision requirements, thereby facilitating their reintegration into society.

Contention

Notable points of contention during discussions around the bill include concerns about the types of offenses included under its provisions. Supporters argue that individuals who have served their time and complied with supervision requirements deserve a second chance and the ability to move on without the burden of a criminal record. Opponents, however, may raise issues regarding public safety and transparency, questioning whether certain offenses should allow for nondisclosure, particularly those involving violence or victimization.