Texas House Bill HB401

Texas 2023 - 88th Regular

• Filed: 11/14/22

Caption

Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants who successfully complete a period of community supervision following conviction; authorizing a fee.

Impact

If enacted, HB 401 would significantly alter the current statutes governing the nondisclosure of criminal records in Texas. Specifically, it would allow automatic nondisclosure orders for certain misdemeanors after successful completion of community supervision, which is a departure from the previous requirement for individuals to actively petition for such orders. This promotes a more rehabilitative justice approach, focusing on reintegration instead of punishment, particularly for first-time and non-violent offenders.

Summary

House Bill 401 aims to enhance the process for individuals convicted of certain misdemeanors to secure nondisclosure of their criminal history records upon completing community supervision. This legislation specifies that defendants who manage to satisfactorily complete the terms of their community supervision may automatically receive an order of nondisclosure, provided they meet specific criteria. The intent is to allow individuals to reintegrate into society without the stigma of a criminal record impacting their opportunities, particularly for non-violent offenders who have demonstrated rehabilitation.

Sentiment

The sentiment surrounding HB 401 appears to be generally positive, particularly among proponents who advocate for criminal justice reform and believe in the potential for rehabilitation. Supporters argue that the bill reflects a progressive move towards reducing barriers for individuals seeking to rebuild their lives post-conviction. However, there is also a concern among some factions that automatic nondisclosure might inadvertently assist individuals with serious offenses, challenging the balance between public safety and individual rights.

Contention

Notable points of contention include the criteria set forth for eligibility regarding which misdemeanors qualify for nondisclosure and the potential for the bill to either undermine or support public perception of justice system efficacy. Critics may voice concerns that automatic protections could shield inappropriate individuals from scrutiny, while supporters contend that such protections are essential for promoting societal reintegration of rehabilitated individuals without further penalization.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 42. Judgment And Sentence
  • Section: New Section

Government Code

• Chapter 411. Department Of Public Safety Of The State Of Texas
  • Section: 072
  • Section: New Section
  • Section: 0716
  • Section: 073
  • Section: 0735