88R1330 JRR-D
By: Thompson of Harris, Sherman, Sr., Garcia H.B. No. 392
A BILL TO BE ENTITLED
AN ACT
relating to the date on which certain persons placed on deferred
adjudication community supervision are eligible to file a petition
for an order of nondisclosure of criminal history record
information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.0725(e), Government Code, is amended
to read as follows:
(e) A person may petition the court that placed the person
on deferred adjudication community supervision for an order of
nondisclosure of criminal history record information under this
section only on or after:
(1) the discharge and dismissal, if the offense for
which the person was placed on deferred adjudication was a
misdemeanor other than a misdemeanor described by Subdivision
(2)(A) [(2)];
(2) the first [second] anniversary of the discharge
and dismissal, if the offense for which the person was placed on
deferred adjudication was:
(A) a misdemeanor under Chapter 20, 21, 22, 25,
42, 43, or 46, Penal Code; or
(B) a state jail felony listed in Article
42A.551(a), Code of Criminal Procedure; or
(3) the third [fifth] anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a felony other than a state jail felony
described by Subdivision (2)(B).
SECTION 2. This Act takes effect September 1, 2023.