Texas Senate Bill SB394

Texas 2025 - 89th Regular

• Filed: 11/19/24

Caption

Relating to the expunction of arrest records and files for certain defendants placed on deferred adjudication community supervision for the unlawful carrying of a handgun.

Impact

The implications of SB394 are significant for affected individuals, as it aims to reduce the lifelong consequences associated with a criminal record for minor offenses. By enabling the expungement of such records, the bill promotes fairness and reinforces principles of rehabilitation. This change could potentially increase employment opportunities, housing options, and overall reintegration into society for those who have committed non-violent offenses in the past.

Summary

SB394 addresses the expunction of arrest records and files specifically for individuals who have been placed on deferred adjudication community supervision for the unlawful carrying of a handgun. This bill provides a pathway for these individuals to have their arrest records cleared, thereby allowing them a fresh start after completing their community supervision. The expunction becomes available if the offense occurred before September 1, 2021, and the individual was either tried and convicted or placed on deferred adjudication for the offense.

Contention

Discussions regarding SB394 may include some level of contention surrounding the broader implications of gun-related offenses and their expunction. Supporters of the bill argue that it addresses reformation within the criminal justice system and promotes a forgiving approach for first-time offenders. However, critics might express concern that allowing expunction in cases involving guns may minimize the severity of such offenses, sparking a debate over public safety and responsible gun ownership.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 55. Expunction Of Criminal Records
  • Section: New Section

Penal Code

• Chapter 46. Weapons
  • Section: 02