87R806 JRR-D
	By: Canales	H.B. No. 109

	A BILL TO BE ENTITLED
	AN ACT
	relating to the expunction of arrest records and files relating to
	certain criminal offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 55, Code of Criminal Procedure, is
	amended by adding Article 55.012 to read as follows:
	Art. 55.012.  EXPUNCTION OF CERTAIN NONVIOLENT MISDEMEANOR
	OFFENSES. (a) A person who has been placed under a custodial or
	noncustodial arrest for a misdemeanor offense other than a
	misdemeanor offense under Chapter 483, Health and Safety Code,
	Section 48.02, Penal Code, Chapter 25, 42, 43, 46, or 71, Penal
	Code, or Title 5 or 8, Penal Code, is entitled to have all records
	and files related to the arrest expunged if:
	(1)  the person was placed on deferred adjudication
	community supervision under Subchapter C, Chapter 42A, for the
	misdemeanor offense and subsequently received a dismissal and
	discharge under Article 42A.111;
	(2)  the person was not required to register as a sex
	offender under Chapter 62 as a condition of or as a result of the
	person's placement on deferred adjudication community supervision
	as described by Subdivision (1);
	(3)  the person has not been convicted of or placed on
	deferred adjudication community supervision under Subchapter C,
	Chapter 42A, for an offense, other than a traffic offense
	punishable by fine only, committed after the date of the commission
	of the misdemeanor offense for which the person was placed on
	deferred adjudication community supervision as described by
	Subdivision (1);
	(4)  there are no charges pending against the person
	for the commission of any offense, other than a traffic offense
	punishable by fine only; and
	(5)  a period of not less than five years has passed
	since the date on which the person received the dismissal and
	discharge described by Subdivision (1).
	(b)  The person must submit an ex parte petition for
	expunction to the court that placed the person on deferred
	adjudication community supervision. The petition must be verified
	and must contain:
	(1)  the information described by Section 2(b), Article
	55.02; and
	(2)  a statement that:
	(A)  the person was not required to register as a
	sex offender under Chapter 62 as a condition of or as a result of the
	person's placement on deferred adjudication community supervision
	as described by Subsection (a)(1);
	(B)  the person has not been convicted of or
	placed on deferred adjudication community supervision under
	Subchapter C, Chapter 42A, for an offense, other than a traffic
	offense punishable by fine only, committed after the date of the
	commission of the misdemeanor offense for which the person seeks an
	order of expunction; and
	(C)  there are no charges pending against the
	person for the commission of any offense, other than a traffic
	offense punishable by fine only.
	(c)  If the court finds that the petitioner is entitled to
	expunction of any arrest records and files that are the subject of
	the petition, the court shall enter an order directing expunction
	in a manner consistent with the procedures described by Section 1a,
	Article 55.02.
	SECTION 2.  Section 109.005(a), Business & Commerce Code, is
	amended to read as follows:
	(a)  A business entity may not publish any criminal record
	information in the business entity's possession with respect to
	which the business entity has knowledge or has received notice
	that:
	(1)  an order of expunction has been issued under
	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
	(2)  an order of nondisclosure of criminal history
	record information has been issued under Subchapter E-1, Chapter
	411, Government Code.
	SECTION 3.  Article 55.011(b), Code of Criminal Procedure,
	is amended to read as follows:
	(b)  A close relative of a deceased person who, if not
	deceased, would be entitled to expunction of records and files
	under this chapter [Article 55.01] may file on behalf of the
	deceased person an ex parte petition for expunction under Section 2
	or 2a, Article 55.02, or Article 55.012, as applicable. If the
	court finds that the deceased person would be entitled to
	expunction of any record or file that is the subject of the
	petition, the court shall enter an order directing expunction.
	SECTION 4.  Article 102.006(b), Code of Criminal Procedure,
	is amended to read as follows:
	(b)  The fees under Subsection (a) or the fee under
	Subsection (a-1), as applicable, shall be waived if:
	(1)  the petitioner seeks expunction of a criminal
	record that relates to an arrest for an offense of which the person
	was acquitted, other than an acquittal for an offense described by
	Article 55.01(c), and the petition for expunction is filed not
	later than the 30th day after the date of the acquittal; or
	(2)  the petitioner is entitled to expunction under any
	provision of Chapter 55 and the court finds that the petitioner is
	indigent.
	SECTION 5.  Section 411.0835, Government Code, is amended to
	read as follows:
	Sec. 411.0835.  PROHIBITION AGAINST DISSEMINATION TO
	CERTAIN PRIVATE ENTITIES. If the department receives information
	indicating that a private entity that purchases criminal history
	record information from the department has been found by a court to
	have committed three or more violations of Section 552.1425 by
	compiling or disseminating information with respect to which an
	order of expunction has been issued under Chapter 55 [Article
	55.02], Code of Criminal Procedure, or an order of nondisclosure of
	criminal history record information has been issued under
	Subchapter E-1, the department may not release any criminal history
	record information to that entity until the first anniversary of
	the date of the most recent violation.
	SECTION 6.  Section 411.0851(a), Government Code, is amended
	to read as follows:
	(a)  A private entity that compiles and disseminates for
	compensation criminal history record information shall destroy and
	may not disseminate any information in the possession of the entity
	with respect to which the entity has received notice that:
	(1)  an order of expunction has been issued under
	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
	(2)  an order of nondisclosure of criminal history
	record information has been issued under Subchapter E-1.
	SECTION 7.  Section 411.151(b), Government Code, is amended
	to read as follows:
	(b)  A person may petition for the expunction of a DNA record
	under the procedures established under Article 55.02, Code of
	Criminal Procedure, if the person is entitled to the expunction of
	records relating to the offense to which the DNA record is related
	under Chapter 55 [Article 55.01], Code of Criminal Procedure.
	SECTION 8.  Section 552.1425(a), Government Code, is amended
	to read as follows:
	(a)  A private entity that compiles and disseminates for
	compensation criminal history record information may not compile or
	disseminate information with respect to which the entity has
	received notice that:
	(1)  an order of expunction has been issued under
	Chapter 55 [Article 55.02], Code of Criminal Procedure; or
	(2)  an order of nondisclosure of criminal history
	record information has been issued under Subchapter E-1, Chapter
	411.
	SECTION 9.  This Act applies to an expunction of arrest
	records and files relating to any misdemeanor offense that was
	committed before, on, or after the effective date of this Act.
	SECTION 10.  This Act takes effect September 1, 2021.