Texas 2023 - 88th Regular

Texas House Bill HB1715

Filed
1/26/23  
Out of House Committee
3/29/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the expunction of arrest records and files relating to certain nonviolent misdemeanor offenses.

Impact

The bill's passage would result in a significant amendment to the Code of Criminal Procedure, specifically Chapter 55, and the Government Code regarding the handling of criminal records. This reform would directly impact individuals seeking to move past their nonviolent misdemeanor offenses, granting them the opportunity to expunge their records under defined circumstances. By streamlining the expunction process, the bill is anticipated to reduce the bureaucratic hurdles often faced by applicants, potentially empowering many citizens to pursue employment and housing opportunities without the shadow of past misdemeanors.

Summary

House Bill 1715 seeks to facilitate the expunction of arrest records and files associated with certain nonviolent misdemeanor offenses in Texas. The bill proposes that individuals who have completed probation for qualifying misdemeanors may have their arrest records expunged after a five-year waiting period. This legislative change aims to alleviate the long-term repercussions of nonviolent crimes on individuals' lives by allowing them a path toward more effective reintegration into society. The bill specifically excludes violent misdemeanors and instances where individuals are required to register as sex offenders, maintaining a level of oversight while still promoting second chances.

Sentiment

Discussions around HB 1715 revealed a generally supportive sentiment among lawmakers and advocacy groups championing criminal justice reform. Proponents emphasized the importance of giving individuals a second chance and highlighted how expungement can significantly improve quality of life. Conversely, there were concerns among select legislators about the implications of record expungement and its potential effects on public safety. However, the majority sentiment leaned toward the belief that facilitating the expunction process for nonviolent offenders would contribute positively to reducing recidivism and supporting rehabilitation.

Contention

Notable points of contention during discussions included the scope of the bill, particularly regarding which offenses would qualify for expunction. Some legislators raised concerns about ensuring that the bill did not open avenues for unsuitable expungements. Additionally, there was discourse about the balance between public safety and the rights of individuals to clear their records. Despite these concerns, the bill ultimately passed with a significant majority, reflecting a collective recognition of the need for reform in the expunction process for nonviolent offenses.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 55. Expunction Of Criminal Records
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 102. Costs, Fees, And Fines Paid By Defendants
    • Section: New Section

Government Code

  • Chapter 411. Department Of Public Safety Of The State Of Texas
    • Section: 0851
    • Section: 151
    • Section: 0835
    • Section: 0851
    • Section: 151
    • Section: 0851
    • Section: 0835
  • Chapter 552. Public Information
    • Section: 1425
    • Section: 1425

Companion Bills

No companion bills found.

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