87R4670 JRR-D
By: Wu H.B. No. 1203
A BILL TO BE ENTITLED
AN ACT
relating to the expunction of arrest records and files for a
criminal offense for which a grand jury finds no bill of indictment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55.01(a), Code of Criminal Procedure, is
amended to read as follows:
(a) A person who has been placed under a custodial or
noncustodial arrest for commission of either a felony or
misdemeanor is entitled to have all records and files relating to
the arrest expunged if:
(1) the person is tried for the offense for which the
person was arrested and is:
(A) acquitted by the trial court, except as
provided by Subsection (c); or
(B) convicted and subsequently:
(i) pardoned for a reason other than that
described by Subparagraph (ii); or
(ii) pardoned or otherwise granted relief
on the basis of actual innocence with respect to that offense, if
the applicable pardon or court order clearly indicates on its face
that the pardon or order was granted or rendered on the basis of the
person's actual innocence; [or]
(2) the person has been released and the charge, if
any, has not resulted in a final conviction and is no longer pending
and there was no court-ordered community supervision under Chapter
42A for the offense, unless the offense is a Class C misdemeanor,
provided that:
(A) regardless of whether any statute of
limitations exists for the offense and whether any limitations
period for the offense has expired, an indictment or information
charging the person with the commission of a misdemeanor offense
based on the person's arrest or charging the person with the
commission of any felony offense arising out of the same
transaction for which the person was arrested:
(i) has not been presented against the
person at any time following the arrest, and:
(a) at least 180 days have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a Class C misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(b) at least one year has elapsed from
the date of arrest if the arrest for which the expunction was sought
was for an offense punishable as a Class B or A misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(c) at least three years have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a felony or if there was a
felony charge arising out of the same transaction for which the
person was arrested; or
(d) the attorney representing the
state certifies that the applicable arrest records and files are
not needed for use in any criminal investigation or prosecution,
including an investigation or prosecution of another person; or
(ii) if presented at any time following the
arrest, was dismissed or quashed, and the court finds that the
indictment or information was dismissed or quashed because:
(a) the person completed a veterans
treatment court program created under Chapter 124, Government Code,
or former law, subject to Subsection (a-3);
(b) the person completed a mental
health court program created under Chapter 125, Government Code, or
former law, subject to Subsection (a-4);
(c) the person completed a pretrial
intervention program authorized under Section 76.011, Government
Code, other than a veterans treatment court program created under
Chapter 124, Government Code, or former law, or a mental health
court program created under Chapter 125, Government Code, or former
law;
(d) the presentment had been made
because of mistake, false information, or other similar reason
indicating absence of probable cause at the time of the dismissal to
believe the person committed the offense; or
(e) the indictment or information was
void; or
(B) prosecution of the person for the offense for
which the person was arrested is no longer possible because the
limitations period has expired; or
(3) the grand jury finds no bill of indictment for the
offense for which the person was arrested.
SECTION 2. Section 2(a), Article 55.02, Code of Criminal
Procedure, is amended to read as follows:
(a) A person who is entitled to expunction of records and
files under Article 55.01(a)(1)(A), 55.01(a)(1)(B)(i), [or]
55.01(a)(2), or 55.01(a)(3) or a person who is eligible for
expunction of records and files under Article 55.01(b) may file an
ex parte petition for expunction in a district court for the county
in which:
(1) the petitioner was arrested; or
(2) the offense was alleged to have occurred.
SECTION 3. The change in law made by this Act applies to the
expunction of arrest records and files for any criminal offense
that occurred before, on, or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2021.