Bill Text: TX HB2338 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the expunction of all records and files related to arrests for certain misdemeanor offenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-04-19 - Withdrawn from schedule [HB2338 Detail]

Download: Texas-2021-HB2338-Introduced.html

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87R8238 JRR-D
By: Crockett H.B. No. 2338

A BILL TO BE ENTITLED
AN ACT
relating to the expunction of all records and files related to
arrests for certain misdemeanor 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 MISDEMEANOR OFFENSES.
(a) A person who has been placed under a custodial or noncustodial
arrest for an offense is entitled to the expunction of all records
and files related to the arrest, including, as applicable, any
records and files related to a conviction of the offense, if:
(1) the offense for which the person was arrested was a
misdemeanor offense and the person is convicted of or placed on
deferred adjudication community supervision under Subchapter C,
Chapter 42A, for the offense;
(2) 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 offense described by Subdivision (1);
(3) there are no charges pending against the person
for the commission of any offense, other than a traffic offense
punishable by fine only; and
(4) a period of not less than 10 years has passed since
the date on which, as applicable:
(A) the person's sentence for the offense
described by Subdivision (1), including any term of confinement or
period of community supervision imposed and payment of all fines
and costs imposed, is fully discharged; or
(B) the person received a discharge and dismissal
under Article 42A.111 for the offense described by Subdivision (1).
(b) The person must submit an ex parte petition for
expunction to the court that convicted the person or 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 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 offense for which the person seeks an order of
expunction; and
(B) 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 or state jail
felony offense that was committed before, on, or after the
effective date of this Act.
SECTION 10. This Act takes effect September 1, 2021.