Texas House Bill HB3686

Texas 2023 - 88th Regular

• Filed: 3/6/23
• Out of House Committee: 4/27/23
• Voted on by House: 5/12/23
• Out of Senate Committee: 5/19/23

Caption

Relating to the automatic expunction of arrest records and files after certain controlled substance offense charges are dismissed.

Impact

The impact of HB 3686 on state laws includes a significant change to the Code of Criminal Procedure regarding how arrest records can be expunged. It stipulates that individuals who have been arrested for a felony or misdemeanor related to controlled substances will be entitled to have their records expunged automatically if the charges against them are dismissed. This automatic expunction must occur within a certain timeframe after dismissal, promoting a more efficient method of relieving individuals from the stigma of wrongful arrests and encouraging their reintegration into society.

Summary

House Bill 3686 aims to establish a process for the automatic expunction of arrest records related to certain controlled substance offenses that are dismissed. The bill recognizes that individuals arrested for drug-related charges should not have their arrest records perpetually attached to them if those charges are found to have no basis—specifically if laboratory results confirm the absence of controlled substances. This law is designed to protect the integrity of the justice system and help individuals restore their lives after wrongful arrests.

Sentiment

The sentiment surrounding HB 3686 appears to be largely positive among advocates for criminal justice reform. Supporters, including organizations such as the Texas Center for Justice and Equity, emphasize that the bill is a step towards rectifying the injustices faced by individuals who are wrongfully associated with arrest records. Nonetheless, there could be opponents concerned about the implications of automatic expunction on public safety and record-keeping, although such sentiments have not been prominently recorded in the discussions leading up to the bill's passage.

Contention

While there appears to be strong support for HB 3686, potential points of contention may arise regarding the responsibilities of courts and law enforcement agencies in processing expunction requests. Certain stakeholders might raise issues around ensuring the accuracy of information regarding dismissed charges and the broader implications for criminal records. Nonetheless, proponents firmly maintain that this legislative move is essential to dismantling the barriers faced by individuals with arrest records that do not reflect their guilt.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

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