Bill Text: TX HB992 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the eligibility for an order of nondisclosure of criminal history record information of a criminal defendant who has successfully completed a specialty court program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB992 Detail]
Download: Texas-2025-HB992-Introduced.html
89R1432 JSC-D | ||
By: Johnson | H.B. No. 992 |
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relating to the eligibility for an order of nondisclosure of | ||
criminal history record information of a criminal defendant who has | ||
successfully completed a specialty court program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 126.004(d), Government Code, is amended | ||
to read as follows: | ||
(d) A program established under this chapter shall provide | ||
each program participant with information related to the right to | ||
petition for an order of nondisclosure of criminal history record | ||
information under Section 411.0727 or 411.0728. | ||
SECTION 2. Section 411.0727, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.0727. PROCEDURE FOLLOWING SUCCESSFUL COMPLETION | ||
OF SPECIALTY [ |
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applies only to a person who successfully completes a specialty | ||
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(b) Notwithstanding any other provision of this subchapter | ||
or Subchapter F, a person described by Subsection (a) is entitled to | ||
file with the court that placed the person in the specialty | ||
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nondisclosure of criminal history record information under this | ||
section if the person: | ||
(1) satisfies the requirements of this section and | ||
Section 411.074; | ||
(2) has never been previously convicted of an offense | ||
listed in Article 42A.054(a), Code of Criminal Procedure, or a | ||
sexually violent offense, as defined by Article 62.001, Code of | ||
Criminal Procedure; and | ||
(3) is not convicted of any felony offense between the | ||
date on which the person successfully completed the program and the | ||
second anniversary of that date. | ||
(c) Regardless of whether the person was convicted of or | ||
placed on deferred adjudication community supervision for the | ||
offense for which the person entered the specialty [ |
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dismissed following successful completion of the applicable | ||
specialty court program [ |
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the state, an opportunity for a hearing, and a determination that | ||
the person is entitled to file the petition and issuance of the | ||
order is in the best interest of justice, the court shall issue an | ||
order prohibiting criminal justice agencies from disclosing to the | ||
public criminal history record information related to the offense | ||
for which the person entered the specialty [ |
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court program. | ||
(d) A person may file with the court that placed the person | ||
in the specialty [ |
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an order of nondisclosure of criminal history record information | ||
under this section only on or after the second anniversary of the | ||
date the person successfully completed the program. | ||
(e) A person is not entitled to petition the court for an | ||
order of nondisclosure of criminal history record information under | ||
this section if the person's entry into the specialty [ |
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offense involving the operation of a motor vehicle while | ||
intoxicated. | ||
SECTION 3. Sections 123.001(b) and (c), Government Code, | ||
are repealed. | ||
SECTION 4. This Act takes effect September 1, 2025. |