88R8385 JRR-D
By: Davis H.B. No. 2193
A BILL TO BE ENTITLED
AN ACT
relating to the automatic expunction of all records and files
related to arrests for certain 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. AUTOMATIC EXPUNCTION OF CERTAIN 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 offense for which the person was arrested was a
misdemeanor offense, other than a misdemeanor offense:
(A) under Section 106.041, Alcoholic Beverage
Code, or Chapter 49, Penal Code; or
(B) involving family violence, as defined by
Section 71.004, Family Code;
(2) the person is convicted of or placed on deferred
adjudication community supervision under Subchapter C, Chapter
42A, for the offense described by Subdivision (1);
(3) the person has never been previously convicted of
or placed on deferred adjudication community supervision for any
offense involving family violence, as defined by Section 71.004,
Family Code;
(4) the person has not been convicted of or placed on
deferred adjudication community supervision under Subchapter C,
Chapter 42A, for an offense, other than a traffic offense
punishable by fine only, committed after the date of the commission
of the offense described by Subdivision (1);
(5) there are no charges pending against the person
for the commission of any offense, other than a traffic offense
punishable by fine only; and
(6) a period of not less than 10 years has passed since
the date on which, as applicable:
(A) the person's sentence for the offense
described by Subdivision (1), including any term of confinement or
period of community supervision imposed and payment of all fines
and costs imposed, is fully discharged; or
(B) the person received a dismissal and discharge
under Article 42A.111 for the offense described by Subdivision (1).
(b) Regardless of whether the person has filed a petition
for expunction, not later than the 30th day after the date that a
person becomes entitled to expunction under this article, the court
that convicted the person or placed the person on deferred
adjudication community supervision shall enter an order directing
expunction in a manner consistent with the procedures described by
Section 1a, Article 55.02, provided that the order does not apply to
an opinion issued by an appellate court.
(c) Notwithstanding any other law, a person entitled to
expunction under this article is not required to pay any fee for an
expunction under this article.
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. 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 4. 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 5. 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 6. 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 7. (a) Subject to Subsection (b) of this section,
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.
(b) If a person entitled to expunction under Article 55.012,
Code of Criminal Procedure, as added by this Act, completed the
person's sentence or received a dismissal and discharge before
September 1, 2013, the court that convicted the person or placed the
person on deferred adjudication community supervision shall issue
an order of expunction under that article as soon as practicable
after the effective date of this Act but not later than August 31,
2025.
SECTION 8. This Act takes effect September 1, 2023.