Texas House Bill HB1332

Texas 2021 - 87th 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

The implications of HB 1332 are significant for both individuals and legal professionals. It creates a more protective environment for defendants who may feel pressured to waive their rights during plea negotiations or other legal agreements. By making such waivers void, the law reinforces the notion that individuals should not have to surrender their rights in exchange for plea deals or other legal concessions. This change seeks to ensure that individuals retain the ability to seek expunction or nondisclosure of their criminal history, aiming to support their reintegration into society and reduce the long-term consequences of past offenses.

Summary

House Bill 1332 addresses the issue of individuals' rights regarding the expunction and nondisclosure of their criminal history records. Specifically, the bill prohibits individuals from waiving their right to these legal remedies as part of any agreement concerning the disposition of criminal charges. This means that individuals can no longer contractually agree to give up their rights to have certain criminal records expunged or made nondisclosable after the waiver is signed, with exceptions primarily related to arrest records held by the state attorney's office. The goal is to strengthen individuals' rights in the criminal justice system and prevent undue pressure from potentially coercive agreements.

Contention

There may be contention around HB 1332 based on the balance it seeks to achieve between defendants' rights and the legal system's efficiency. Proponents of the bill will argue that it is essential for protecting individuals who might unknowingly forfeit their rights in complex legal situations. Conversely, opponents could contend that such a prohibition might create complications in plea bargaining and potentially slow down the judicial process, as attorneys may need to negotiate more carefully without the option of waivers. This may lead to broader discussions about the reform of the criminal justice system and how to effectively support defendants while maintaining an efficient court system.