Bill Text: TX HB3415 | 2023-2024 | 88th Legislature | Introduced

Texas House Bill 3415 (Prior Session Legislation)

Introduced

Bill Title: Relating to the expunction of certain convictions or arrests of a minor for certain alcohol-related offenses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-04-11 - Left pending in committee [HB3415 Detail]

Download: Texas-2023-HB3415-Introduced.html



	By: Leo-Wilson	H.B. No. 3415



	A BILL TO BE ENTITLED
	AN ACT
	relating to the expunction of certain convictions or arrests of a
	minor for certain alcohol-related offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. The heading to Section 106.12, Alcoholic
	Beverage Code, is amended to read as follows:
	Sec. 106.12. EXPUNCTION OF CONVICTION OR ARREST RECORDS OF
	A MINOR.
	SECTION 2. Section 106.12, Alcoholic Beverage Code, is
	amended by amending Subsections (c) and (d) and adding Subsections
	(e) and (f) to read as follows:
	(c) If the court finds that the applicant was not convicted
	of any other violation of this code while he was a minor, the court
	shall order the conviction, together with all complaints, verdicts,
	sentences, prosecutorial and law enforcement records, and other
	documents relating to the offense, to be expunged from the
	applicant's record. After entry of the order, the applicant shall
	be released from all disabilities resulting from the conviction,
	and the conviction may not be shown or made known for any purpose.
	(d) Any person placed under a custodial or noncustodial
	arrest for not more than one incident in violation of this code
	while a minor and who was not convicted of the violation may apply
	to the court in which the person was charged to have the records of
	the arrest expunged. The application must contain the applicant's
	sworn statement that the applicant was not arrested for a event
	leading to a violation of this code other than the arrest the
	applicant seeks to expunge. If the court finds the applicant was
	not arrested for any other event leading to a violation of this code
	while a minor, the court shall order all complaints, verdicts,
	prosecutorial and law enforcement records, and other documents
	relating to the violation to be expunged from the applicant's
	record. If the event leading to a violation of this code included
	multiple violations during this event all violations from this
	event are eligible for expungement.
	(e) The court shall charge an applicant a fee in the amount
	of $30 for each application for expunction filed under this section
	to defray the cost of notifying state agencies of orders of
	expunction under this section.
	(f) The procedures for expunction provided under this
	section are separate and distinct from the expunction procedures
	under Chapter 55, Code of Criminal Procedure.
	SECTION 3. The change in law made by this Act to Section
	106.12, Alcoholic Beverage Code, applies to the expunction of
	records of a conviction or arrest made before, on, or after the
	effective date of this Act.
	SECTION 4. This Act takes effect September 1, 2023.