Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.
Impact
If enacted, SB1383 would significantly alter how criminal records are managed for those who have committed nonviolent felonies. The bill seeks to enable individuals with qualifying conditions to have their criminal history hidden from the public after fulfilling certain criteria, including the completion of community supervision and the payment of fines. This is expected to positively impact the reintegration process for those individuals into society by allowing them to pursue employment and other opportunities without the burden of a public criminal record.
Summary
SB1383 aims to amend procedures regarding the eligibility of certain criminal defendants in Texas for obtaining an order of nondisclosure of their criminal history record information. This bill is particularly focused on individuals who have successfully completed their sentence or community supervision without any further issues. It sets out specific conditions under which an individual can petition the court for nondisclosure, thus aiming to provide a second chance and reduce the stigma associated with a criminal record for nonviolent offenders.
Sentiment
The sentiment around SB1383 appears to be supportive from various advocacy groups and criminal justice reform advocates, who believe that this bill will aid in reducing recidivism by allowing individuals a chance to improve their lives post-conviction. However, there may also be apprehensions regarding public safety and concerns from those who feel that it could provide leniency to individuals who have committed serious offenses, although the bill specifically targets nonviolent crimes.
Contention
Notable points of contention regarding SB1383 include the criteria for eligibility and the definition of what constitutes a nonviolent offense. Critics may argue that the process of nondisclosure might need stricter guidelines to ensure that only those who genuinely pose no risk to the community are granted such privileges. Moreover, there could be discussions on whether certain offenses, even if categorized as nonviolent, should still allow for nondisclosure, particularly those that have significant implications on victims or broader societal harm.
Texas Constitutional Statutes Affected
Government Code
Chapter 411. Department Of Public Safety Of The State Of Texas
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.
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.