89R18302 TYPED
By: González of Dallas H.B. No. 4733
A BILL TO BE ENTITLED
AN ACT
relating to the expunction of arrest records and files and the
issuance of orders of nondisclosure of criminal history record
information for certain persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55.01(c), Code of Criminal Procedure, is
amended to read as follows:
(c) A court may not order the expunction of records and
files relating to an arrest for an offense for which a person is
subsequently acquitted, whether by the trial court, a court of
appeals, or the court of criminal appeals, if the offense for which
the person was acquitted arose out of a criminal episode described
[, as defined] by Section 3.01(1) [3.01], Penal Code, and the person
was convicted of or remains subject to prosecution for at least one
other offense occurring during the criminal episode.
SECTION 2. Subchapter E-1, Chapter 411, Government Code, is
amended by adding Section 411.0717 to read as follows:
Sec. 411.0717. CERTAIN RELATED OFFENSES INCLUDED IN ORDER.
A court that issues an order of nondisclosure of criminal history
record information under this subchapter shall include in the order
any other offense arising out of the same transaction as the offense
for which the order is sought if:
(1) the other offense has not resulted in a final
conviction and is no longer pending; and
(2) there was no court-ordered community supervision
under Chapter 42A, Code of Criminal Procedure, for the other
offense.
SECTION 3. Sections 411.073(b) and (d), Government Code,
are amended to read as follows:
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) whose
community supervision is not revoked and who completes the period
of community supervision, including any term of confinement imposed
and payment of all fines, costs, and restitution imposed, may
petition the court that placed the person on community supervision
for an order of nondisclosure of criminal history record
information under this section if the person[:
[(1)] satisfies the requirements of this section and
Section 411.074[; and
[(2) has never been previously convicted of or placed
on deferred adjudication community supervision for another offense
other than a traffic offense that is punishable by fine only].
(d) A person may petition the court that placed the person
on community supervision for an order of nondisclosure of criminal
history record information under this section only on or after[:
[(1)] the completion of the community supervision[, if
the offense for which the person was placed on community
supervision was a misdemeanor other than a misdemeanor described by
Subdivision (2); or
[(2) the second anniversary of the date of completion
of the community supervision, if the offense for which the person
was placed on community supervision was a misdemeanor under Chapter
20, 21, 22, 25, 42, 43, or 46, Penal Code].
SECTION 4. Section 411.0735(b), Government Code, is amended
to read as follows:
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) who completes
the person's sentence, including any term of confinement imposed
and payment of all fines, costs, and restitution imposed, may
petition the court that imposed the sentence for an order of
nondisclosure of criminal history record information under this
section if the person[:
[(1)] satisfies the requirements of this section and
Section 411.074[; and
[(2) has never been previously convicted of or placed
on deferred adjudication community supervision for another offense
other than a traffic offense that is punishable by fine only].
SECTION 5. Article 55.01(c), Code of Criminal Procedure, as
amended by this Act, applies to the expunction of arrest records and
files for any criminal offense that occurred before, on, or after
the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2025.