87R12304 JRR-D
By: Miles S.B. No. 1872
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain criminal defendants for an
order of nondisclosure of criminal history record information for
certain past misdemeanors and felonies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E-1, Government Code, is amended by
adding Section 411.0739 to read as follows:
Sec. 411.0739. PROCEDURE FOR CONVICTION FOLLOWING
SUCCESSFUL COMPLETION OF SENTENCE; CERTAIN PAST MISDEMEANORS AND
FELONIES. (a) This section applies only to a person who:
(1) is convicted of a misdemeanor or felony; and
(2) has not previously received an order of
nondisclosure of criminal history record information under this
subchapter or other law for the offense described by Subdivision
(1).
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) who completes
the person's sentence, including any term of confinement or period
of community supervision imposed and payment of all fines, costs,
and restitution imposed, may petition the court that imposed the
sentence for an order of nondisclosure of criminal history record
information under this section if the person satisfies the
requirements of this section and Section 411.074.
(c) After notice to the state, an opportunity for a hearing,
and a determination that the person is entitled to file the petition
and issuance of the order is in the best interest of justice, the
court shall issue an order prohibiting criminal justice agencies
from disclosing to the public criminal history record information
related to the offense for which the person was convicted.
(d) A person may petition the court that imposed the
sentence for an order of nondisclosure of criminal history record
information under this section only on or after the 25th
anniversary of the date of completion of the person's sentence.
SECTION 2. This Act takes effect September 1, 2021.