Bill Text: TX HB1012 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the expunction of records and files relating to an offense for which a person is arrested.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-06 - Referred to Criminal Jurisprudence [HB1012 Detail]
Download: Texas-2017-HB1012-Introduced.html
85R4679 JRR-F | ||
By: Alonzo | H.B. No. 1012 |
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relating to the expunction of records and files relating to an | ||
offense for which a person is arrested. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 55.01, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 55.01. RIGHT TO EXPUNCTION. (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 offense for which the person was arrested | ||
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(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, for the offense for which the expunction is sought has been | ||
dismissed or has not resulted in a final conviction for that | ||
offense, the charge [ |
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court-ordered community supervision under Chapter 42A for that | ||
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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 the [ |
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offense [ |
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(i) has not been presented against the | ||
person at any time following the person's arrest, and: | ||
(a) at least 30 [ |
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elapsed from the date of arrest if the offense [ |
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the expunction was sought was [ |
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C misdemeanor and if there was no felony charge arising out of the | ||
same transaction for which the person was arrested; | ||
(b) at least 90 days have [ |
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which the expunction was sought was [ |
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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 offense [ |
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expunction was sought was [ |
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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 [ |
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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 | ||
person's 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. | ||
(a-1) Notwithstanding any other provision of this article, | ||
a person may not expunge offense records and files if the applicable | ||
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warrant issued under Article 42A.751(b). | ||
(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 and to the proceedings conducted | ||
under Chapter 17. | ||
(b) Except as provided by Subsection (c), a district court | ||
may expunge all records and files relating to the offense with | ||
respect to [ |
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of a felony or misdemeanor under the procedure established under | ||
Article 55.02 if: | ||
(1) the person is: | ||
(A) tried for the offense [ |
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(B) convicted of the offense; and | ||
(C) acquitted by the court of criminal appeals | ||
or, if the period for granting a petition for discretionary review | ||
has expired, by a court of appeals; or | ||
(2) an office of the attorney representing the state | ||
authorized by law to prosecute the offense for which the person was | ||
arrested recommends the expunction to the appropriate district | ||
court before the person is tried for the offense, regardless of | ||
whether an indictment or information has been presented against the | ||
person in relation to the offense. | ||
(c) A court may not order the expunction of records and | ||
files relating to [ |
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subsequently acquitted, whether by the trial court, a court of | ||
appeals, or the court of criminal appeals, if the offense for which | ||
the person was acquitted arose out of a criminal episode, as defined | ||
by Section 3.01, Penal Code, and the person was convicted of or | ||
remains subject to prosecution for at least one other offense | ||
occurring during the criminal episode. | ||
(d) A person is entitled to have expunged any information | ||
that identifies the person, including the person's name, address, | ||
date of birth, driver's license number, and social security number, | ||
contained in records and files relating to another person's [ |
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arrest or to any ensuing criminal proceedings based on that arrest | ||
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(1) the information identifying the person asserting | ||
the entitlement to expunction was falsely given by the person | ||
arrested as the arrested person's identifying information without | ||
the consent of the person asserting the entitlement; and | ||
(2) the only reason for the information identifying | ||
the person asserting the entitlement being contained in the offense | ||
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information was falsely given by the person arrested as the | ||
arrested person's identifying information. | ||
SECTION 2. Section 2a(b), Article 55.02, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(b) The application must be verified, include authenticated | ||
fingerprint records of the applicant, and include the following or | ||
an explanation for why one or more of the following is not included: | ||
(1) the applicant's full name, sex, race, date of | ||
birth, driver's license number, social security number, and address | ||
at the time the person who falsely identified himself or herself as | ||
the applicant was arrested; | ||
(2) the following information regarding the arrest: | ||
(A) the date of arrest; | ||
(B) the offense charged against the person | ||
arrested; | ||
(C) the name of the county or municipality in | ||
which the arrest occurred; and | ||
(D) the name of the arresting agency; and | ||
(3) a statement that: | ||
(A) the applicant is not the person arrested and | ||
for whom the applicable [ |
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and | ||
(B) the applicant did not give the person | ||
arrested consent to falsely identify himself or herself as the | ||
applicant. | ||
SECTION 3. Section 3(a), Article 55.02, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) In an order of expunction issued under this article, the | ||
court shall require any state agency that sent information | ||
concerning the offense [ |
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request the depository to return all records and files subject to | ||
the order of expunction. The person who is the subject of the | ||
expunction order or an agency protesting the expunction may appeal | ||
the court's decision in the same manner as in other civil cases. | ||
SECTION 4. Section 4(a-1), Article 55.02, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a-1) The court shall provide in its expunction order that | ||
the applicable law enforcement agency and prosecuting attorney may | ||
retain the offense [ |
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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). | ||
SECTION 5. Article 55.03, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 55.03. EFFECT OF EXPUNCTION. When the order of | ||
expunction is final: | ||
(1) the release, maintenance, dissemination, or use of | ||
the expunged records and files for any purpose is prohibited; | ||
(2) except as provided in Subdivision (3) [ |
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(A) the occurrence of the arrest and any ensuing | ||
criminal proceedings based on the arrest; and | ||
(B) the existence of the expunction order; and | ||
(3) the person arrested or any other person, when | ||
questioned under oath in a criminal proceeding about an offense | ||
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that the matter in question has been expunged. | ||
SECTION 6. Section 1, Article 55.04, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Sec. 1. A person who, [ |
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while an officer or employee of the state or of any agency or other | ||
entity of the state or any political subdivision of the state, | ||
acquires knowledge of an arrest or of criminal proceedings based on | ||
that arrest and who knows of an order expunging the records and | ||
files relating to the applicable offense [ |
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offense if the person [ |
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otherwise uses the records or files. | ||
SECTION 7. This Act applies to an expunction of records and | ||
files relating to any criminal offense that occurred before, on, or | ||
after the effective date of this Act. | ||
SECTION 8. This Act takes effect September 1, 2017. |