S.B. No. 462

	AN ACT
	relating to the expunction of records and files relating to a
	person's arrest.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 55.01, Code of Criminal Procedure, is
	amended by amending Subsections (a) and (a-1) and adding Subsection
	(a-2) 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) [of this section]; or
	(B)  convicted and subsequently pardoned; 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 Article
	42.12 for the offense, unless the offense is a Class C misdemeanor,
	provided that [each of the following conditions exist]:
	(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 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 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 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)  [for an offense arising out of the
	transaction for which the person was arrested or,] if [an
	indictment or information charging the person with commission of a
	felony was] presented at any time following the arrest, was[, the
	indictment or information has been] dismissed or quashed, and[:
	[(i)     the limitations period expired before
	the date on which a petition for expunction was filed under Article
	55.02; or
	[(ii)]  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, [or] 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 [it] 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 [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 Article 42.12 for any offense other than a Class C
	misdemeanor; and
	[(C)     the person has not been convicted of a
	felony in the five years preceding the date of the arrest].
	(a-1)  Notwithstanding any other provision of this article,
	a person may not expunge records and files relating to an arrest
	that occurs pursuant to a warrant issued under Section 21, Article
	42.12 [Subsection (a)(2)(C), a person's conviction of a felony in
	the five years preceding the date of the arrest does not affect the
	person's entitlement to expunction for purposes of an ex parte
	petition filed on behalf of the person by the director of the
	Department of Public Safety under Section 2(e), Article 55.02].
	(a-2)  Notwithstanding any other provision of this article,
	a person who intentionally or knowingly absconds from the
	jurisdiction after being released under Chapter 17 following an
	arrest is not eligible under Subsection (a)(2)(A)(i)(a), (b), or
	(c) or Subsection (a)(2)(B) for an expunction of the records and
	files relating to that arrest.
	SECTION 2.  Section 4, Article 55.02, Code of Criminal
	Procedure, is amended to read as follows:
	Sec. 4.  (a)  If the state establishes that the person who is
	the subject of an expunction order is still subject to conviction
	for an offense arising out of the transaction for which the person
	was arrested because the statute of limitations has not run and
	there is reasonable cause to believe that the state may proceed
	against the person for the offense, the court may provide in its
	expunction order that the law enforcement agency and the
	prosecuting attorney responsible for investigating the offense may
	retain any records and files that are necessary to the
	investigation.
	(a-1)  The court shall provide in its expunction order that
	the applicable law enforcement agency and prosecuting attorney may
	retain the arrest records and files of any person who becomes
	entitled to an expunction of those records and files based on the
	expiration of a period described by Article 55.01(a)(2)(A)(i)(a),
	(b), or (c), but without the certification of the prosecuting
	attorney as described by Article 55.01(a)(2)(A)(i)(d).
	(a-2)  In the case of a person who is the subject of an
	expunction order on the basis of an acquittal, the court may provide
	in the expunction order that the law enforcement agency and the
	prosecuting attorney retain records and files if:
	(1)  the records and files are necessary to conduct a
	subsequent investigation and prosecution of a person other than the
	person who is the subject of the expunction order; or
	(2)  the state establishes that the records and files
	are necessary for use in:
	(A)  another criminal case, including a
	prosecution, motion to adjudicate or revoke community supervision,
	parole revocation hearing, mandatory supervision revocation
	hearing, punishment hearing, or bond hearing; or
	(B)  a civil case, including a civil suit or suit
	for possession of or access to a child.
	(b)  Unless the person who is the subject of the expunction
	order is again arrested for or charged with an offense arising out
	of the transaction for which the person was arrested or unless the
	court provides for the retention of records and files under
	Subsection (a-1) or (a-2) [(a) of this section], the provisions of
	Articles 55.03 and 55.04 [of this code] apply to files and records
	retained under this section.
	SECTION 3.  This Act applies to an expunction of arrest
	records and files for any criminal offense that occurred before,
	on, or after the effective date of this Act.
	SECTION 4.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 462 passed the Senate on
	May 2, 2011, by the following vote: Yeas 26, Nays 4; and that the
	Senate concurred in House amendments on May 27, 2011, by the
	following vote: Yeas 26, Nays 5.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 462 passed the House, with
	amendments, on May 25, 2011, by the following vote: Yeas 147,
	Nays 0, one present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor