85R9150 SMT-D
	By: Neave	H.B. No. 3900

	A BILL TO BE ENTITLED
	AN ACT
	relating to the eligibility of certain persons for the expunction
	of arrest records and files.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 55.01(a), Code of Criminal Procedure, is
	amended to read as follows:
	(a)  A person who has been placed under a custodial or
	noncustodial arrest for commission of either a felony or
	misdemeanor is entitled to have all records and files relating to
	the arrest expunged if:
	(1)  the person is tried for the offense for which the
	person was arrested and is:
	(A)  acquitted by the trial court, except as
	provided by Subsection (c); or
	(B)  convicted and subsequently:
	(i)  pardoned for a reason other than that
	described by Subparagraph (ii); or
	(ii)  pardoned or otherwise granted relief
	on the basis of actual innocence with respect to that offense, if
	the applicable pardon or court order clearly indicates on its face
	that the pardon or order was granted or rendered on the basis of the
	person's actual innocence; or
	(2)  the person has been released and the charge, if
	any, has not resulted in a final conviction and is no longer pending
	and there was no court-ordered community supervision under Chapter
	42A for the offense, unless the offense is a Class C misdemeanor,
	provided that:
	(A)  regardless of whether any statute of
	limitations exists for the offense and whether any limitations
	period for the offense has expired, an indictment or information
	charging the person with the commission of a misdemeanor offense
	based on the person's arrest or charging the person with the
	commission of any felony offense arising out of the same
	transaction for which the person was arrested:
	(i)  has not been presented against the
	person at any time following the arrest, and:
	(a)  at least 60 [180] days have
	elapsed from the date of arrest if the arrest for which the
	expunction was sought was for an offense punishable as a Class C
	misdemeanor and if there was no felony charge arising out of the
	same transaction for which the person was arrested;
	(b)  at least 180 days have [one year
	has] elapsed from the date of arrest if the arrest for which the
	expunction was sought was for an offense punishable as a Class B or
	A misdemeanor and if there was no felony charge arising out of the
	same transaction for which the person was arrested;
	(c)  at least one year has [three years
	have] elapsed from the date of arrest if the arrest for which the
	expunction was sought was for an offense punishable as a felony or
	if there was a felony charge arising out of the same transaction for
	which the person was arrested; or
	(d)  the attorney representing the
	state certifies that the applicable arrest records and files are
	not needed for use in any criminal investigation or prosecution,
	including an investigation or prosecution of another person; or
	(ii)  if presented at any time following the
	arrest, was dismissed or quashed, and the court finds that the
	indictment or information was dismissed or quashed because the
	person completed a pretrial intervention program authorized under
	Section 76.011, Government Code, because the presentment had been
	made because of mistake, false information, or other similar reason
	indicating absence of probable cause at the time of the dismissal to
	believe the person committed the offense, or because the indictment
	or information was void; or
	(B)  prosecution of the person for the offense for
	which the person was arrested is no longer possible because the
	limitations period has expired.
	SECTION 2.  The changes in law made by this Act apply 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 3.  This Act takes effect September 1, 2017.