87R19608 JRR-D
By: Collier, Sherman, Sr., Moody, et al. H.B. No. 859
A BILL TO BE ENTITLED
AN ACT
relating to the expunction of all records and files related to
arrests for certain decriminalized misdemeanor offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 55, Code of Criminal Procedure, is
amended by adding Article 55.012 to read as follows:
Art. 55.012. EXPUNCTION OF CERTAIN DECRIMINALIZED
MISDEMEANOR OFFENSES. (a) A person who has been placed under a
custodial or noncustodial arrest for an offense is entitled to the
expunction of all records and files related to the arrest,
including, as applicable, any records and files related to a
conviction of the offense, if:
(1) the person is convicted of or placed on deferred
adjudication community supervision under Subchapter C, Chapter
42A, for the offense for which the person was arrested;
(2) the offense for which the person was arrested was a
misdemeanor offense and the conduct that was the subject of the
offense as applied to the person has been statutorily
decriminalized subsequent to the date of the commission of the
offense; and
(3) as applicable:
(A) the person's sentence, including any term of
confinement or period of community supervision imposed and payment
of all fines and costs imposed, is finally discharged; or
(B) the person received a discharge and dismissal
under Article 42A.111, Code of Criminal Procedure, for the offense.
(b) The person must submit an ex parte petition for
expunction to the court that convicted the person or placed the
person on deferred adjudication community supervision. The
petition must be verified and must contain the information
described by Section 2(b), Article 55.02.
(c) At a hearing held on a petition for expunction under
this article, the court may require the petitioner to demonstrate
that the offense that is the subject of the petition qualifies as a
statutorily decriminalized offense under current law. The
demonstration may include an affidavit signed by the petitioner
attesting to the fact that the offense that is the subject of the
petition qualifies as a statutorily decriminalized offense under
current law.
(d) If the court finds that the petitioner is entitled to
expunction of the records and files that are the subject of the
petition, the court shall enter an order directing expunction in a
manner consistent with the procedures described by Section 1a,
Article 55.02.
(e) Notwithstanding any other law, the law enforcement
agency, the prosecuting attorney responsible for investigating the
offense, and the clerk of the applicable court may retain the
records and files relating to the arrest for the offense, including
any records and files related to a conviction of the offense, to be
used only:
(1) for the investigation or prosecution of another
offense arising out of the same transaction for which the person was
arrested; or
(2) by the office of the governor in determining
whether to issue a pardon or commute a sentence.
(f) The records and files for which an order of expunction
has been issued under this article are not open for inspection by
anyone, except that the records and files are open for inspection by
the person who is the subject of the order or for the purposes
described by Subsection (e).
SECTION 2. Section 109.005(a), Business & Commerce Code, is
amended to read as follows:
(a) A business entity may not publish any criminal record
information in the business entity's possession with respect to
which the business entity has knowledge or has received notice
that:
(1) an order of expunction has been issued under
Chapter 55 [Article 55.02], Code of Criminal Procedure; or
(2) an order of nondisclosure of criminal history
record information has been issued under Subchapter E-1, Chapter
411, Government Code.
SECTION 3. Article 55.011(b), Code of Criminal Procedure,
is amended to read as follows:
(b) A close relative of a deceased person who, if not
deceased, would be entitled to expunction of records and files
under this chapter [Article 55.01] may file on behalf of the
deceased person an ex parte petition for expunction under Section 2
or 2a, Article 55.02, or Article 55.012, as applicable. If the
court finds that the deceased person would be entitled to
expunction of any record or file that is the subject of the
petition, the court shall enter an order directing expunction.
SECTION 4. Article 102.006(b), Code of Criminal Procedure,
is amended to read as follows:
(b) The fees under Subsection (a) or the fee under
Subsection (a-1), as applicable, shall be waived if:
(1) the petitioner seeks expunction of a criminal
record that relates to an arrest for an offense of which the person
was acquitted, other than an acquittal for an offense described by
Article 55.01(c), and the petition for expunction is filed not
later than the 30th day after the date of the acquittal; or
(2) the petitioner is entitled to expunction under
Article 55.012.
SECTION 5. Section 411.0835, Government Code, is amended to
read as follows:
Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO
CERTAIN PRIVATE ENTITIES. If the department receives information
indicating that a private entity that purchases criminal history
record information from the department has been found by a court to
have committed three or more violations of Section 552.1425 by
compiling or disseminating information with respect to which an
order of expunction has been issued under Chapter 55 [Article
55.02], Code of Criminal Procedure, or an order of nondisclosure of
criminal history record information has been issued under
Subchapter E-1, the department may not release any criminal history
record information to that entity until the first anniversary of
the date of the most recent violation.
SECTION 6. Section 411.0851(a), Government Code, is amended
to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information shall destroy and
may not disseminate any information in the possession of the entity
with respect to which the entity has received notice that:
(1) an order of expunction has been issued under
Chapter 55 [Article 55.02], Code of Criminal Procedure; or
(2) an order of nondisclosure of criminal history
record information has been issued under Subchapter E-1.
SECTION 7. Section 411.151(b), Government Code, is amended
to read as follows:
(b) A person may petition for the expunction of a DNA record
under the procedures established under Article 55.02, Code of
Criminal Procedure, if the person is entitled to the expunction of
records relating to the offense to which the DNA record is related
under Chapter 55 [Article 55.01], Code of Criminal Procedure.
SECTION 8. Section 552.1425(a), Government Code, is amended
to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information may not compile or
disseminate information with respect to which the entity has
received notice that:
(1) an order of expunction has been issued under
Chapter 55 [Article 55.02], Code of Criminal Procedure; or
(2) an order of nondisclosure of criminal history
record information has been issued under Subchapter E-1, Chapter
411.
SECTION 9. This Act applies to an expunction of arrest
records and files relating to any misdemeanor offense that was
committed before, on, or after the effective date of this Act.
SECTION 10. This Act takes effect September 1, 2021.