Texas 2021 - 87th Regular

Texas House Bill HB2338 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R8238 JRR-D
2	2	By: Crockett H.B. No. 2338
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the expunction of all records and files related to
8	8	arrests for certain misdemeanor offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 55, Code of Criminal Procedure, is
11	11	amended by adding Article 55.012 to read as follows:
12	12	Art. 55.012. EXPUNCTION OF CERTAIN MISDEMEANOR OFFENSES.
13	13	(a) A person who has been placed under a custodial or noncustodial
14	14	arrest for an offense is entitled to the expunction of all records
15	15	and files related to the arrest, including, as applicable, any
16	16	records and files related to a conviction of the offense, if:
17	17	(1) the offense for which the person was arrested was a
18	18	misdemeanor offense and the person is convicted of or placed on
19	19	deferred adjudication community supervision under Subchapter C,
20	20	Chapter 42A, for the offense;
21	21	(2) the person has not been convicted of or placed on
22	22	deferred adjudication community supervision under Subchapter C,
23	23	Chapter 42A, for an offense, other than a traffic offense
24	24	punishable by fine only, committed after the date of the commission
25	25	of the offense described by Subdivision (1);
26	26	(3) there are no charges pending against the person
27	27	for the commission of any offense, other than a traffic offense
28	28	punishable by fine only; and
29	29	(4) a period of not less than 10 years has passed since
30	30	the date on which, as applicable:
31	31	(A) the person's sentence for the offense
32	32	described by Subdivision (1), including any term of confinement or
33	33	period of community supervision imposed and payment of all fines
34	34	and costs imposed, is fully discharged; or
35	35	(B) the person received a discharge and dismissal
36	36	under Article 42A.111 for the offense described by Subdivision (1).
37	37	(b) The person must submit an ex parte petition for
38	38	expunction to the court that convicted the person or placed the
39	39	person on deferred adjudication community supervision. The
40	40	petition must be verified and must contain:
41	41	(1) the information described by Section 2(b), Article
42	42	55.02; and
43	43	(2) a statement that:
44	44	(A) the person has not been convicted of or
45	45	placed on deferred adjudication community supervision under
46	46	Subchapter C, Chapter 42A, for an offense, other than a traffic
47	47	offense punishable by fine only, committed after the date of the
48	48	commission of the offense for which the person seeks an order of
49	49	expunction; and
50	50	(B) there are no charges pending against the
51	51	person for the commission of any offense, other than a traffic
52	52	offense punishable by fine only.
53	53	(c) If the court finds that the petitioner is entitled to
54	54	expunction of any arrest records and files that are the subject of
55	55	the petition, the court shall enter an order directing expunction
56	56	in a manner consistent with the procedures described by Section 1a,
57	57	Article 55.02.
58	58	SECTION 2. Section 109.005(a), Business & Commerce Code, is
59	59	amended to read as follows:
60	60	(a) A business entity may not publish any criminal record
61	61	information in the business entity's possession with respect to
62	62	which the business entity has knowledge or has received notice
63	63	that:
64	64	(1) an order of expunction has been issued under
65	65	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
66	66	(2) an order of nondisclosure of criminal history
67	67	record information has been issued under Subchapter E-1, Chapter
68	68	411, Government Code.
69	69	SECTION 3. Article 55.011(b), Code of Criminal Procedure,
70	70	is amended to read as follows:
71	71	(b) A close relative of a deceased person who, if not
72	72	deceased, would be entitled to expunction of records and files
73	73	under this chapter [Article 55.01] may file on behalf of the
74	74	deceased person an ex parte petition for expunction under Section 2
75	75	or 2a, Article 55.02, or Article 55.012, as applicable. If the court
76	76	finds that the deceased person would be entitled to expunction of
77	77	any record or file that is the subject of the petition, the court
78	78	shall enter an order directing expunction.
79	79	SECTION 4. Article 102.006(b), Code of Criminal Procedure,
80	80	is amended to read as follows:
81	81	(b) The fees under Subsection (a) or the fee under
82	82	Subsection (a-1), as applicable, shall be waived if:
83	83	(1) the petitioner seeks expunction of a criminal
84	84	record that relates to an arrest for an offense of which the person
85	85	was acquitted, other than an acquittal for an offense described by
86	86	Article 55.01(c), and the petition for expunction is filed not
87	87	later than the 30th day after the date of the acquittal; or
88	88	(2) the petitioner is entitled to expunction under any
89	89	provision of Chapter 55 and the court finds that the petitioner is
90	90	indigent.
91	91	SECTION 5. Section 411.0835, Government Code, is amended to
92	92	read as follows:
93	93	Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO
94	94	CERTAIN PRIVATE ENTITIES. If the department receives information
95	95	indicating that a private entity that purchases criminal history
96	96	record information from the department has been found by a court to
97	97	have committed three or more violations of Section 552.1425 by
98	98	compiling or disseminating information with respect to which an
99	99	order of expunction has been issued under Chapter 55 [Article
100	100	55.02], Code of Criminal Procedure, or an order of nondisclosure of
101	101	criminal history record information has been issued under
102	102	Subchapter E-1, the department may not release any criminal history
103	103	record information to that entity until the first anniversary of
104	104	the date of the most recent violation.
105	105	SECTION 6. Section 411.0851(a), Government Code, is amended
106	106	to read as follows:
107	107	(a) A private entity that compiles and disseminates for
108	108	compensation criminal history record information shall destroy and
109	109	may not disseminate any information in the possession of the entity
110	110	with respect to which the entity has received notice that:
111	111	(1) an order of expunction has been issued under
112	112	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
113	113	(2) an order of nondisclosure of criminal history
114	114	record information has been issued under Subchapter E-1.
115	115	SECTION 7. Section 411.151(b), Government Code, is amended
116	116	to read as follows:
117	117	(b) A person may petition for the expunction of a DNA record
118	118	under the procedures established under Article 55.02, Code of
119	119	Criminal Procedure, if the person is entitled to the expunction of
120	120	records relating to the offense to which the DNA record is related
121	121	under Chapter 55 [Article 55.01], Code of Criminal Procedure.
122	122	SECTION 8. Section 552.1425(a), Government Code, is amended
123	123	to read as follows:
124	124	(a) A private entity that compiles and disseminates for
125	125	compensation criminal history record information may not compile or
126	126	disseminate information with respect to which the entity has
127	127	received notice that:
128	128	(1) an order of expunction has been issued under
129	129	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
130	130	(2) an order of nondisclosure of criminal history
131	131	record information has been issued under Subchapter E-1, Chapter
132	132	411.
133	133	SECTION 9. This Act applies to an expunction of arrest
134	134	records and files relating to any misdemeanor offense or state jail
135	135	felony offense that was committed before, on, or after the
136	136	effective date of this Act.
137	137	SECTION 10. This Act takes effect September 1, 2021.