Bill Text: TX HB175 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the expunction of arrest records and files for certain defendants placed on deferred adjudication community supervision for the unlawful carrying of a handgun.
Spectrum: Strong Partisan Bill (Republican 12-1)
Status: (Introduced - Dead) 2023-05-02 - Considered in Calendars [HB175 Detail]
Download: Texas-2023-HB175-Comm_Sub.html
88R3273 JRR-D | ||
By: Schaefer, et al. | H.B. No. 175 |
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relating to the expunction of arrest records and files for certain | ||
defendants placed on deferred adjudication community supervision | ||
for the unlawful carrying of a handgun. | ||
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); | ||
(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 | ||
(C) convicted of or placed on deferred | ||
adjudication community supervision under Subchapter C, Chapter | ||
42A, for an offense committed before September 1, 2021, under | ||
Section 46.02(a), Penal Code, as that section existed before that | ||
date; 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 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) 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: | ||
(a) the person completed a veterans | ||
treatment court program created under Chapter 124, Government Code, | ||
or former law, subject to Subsection (a-3); | ||
(b) the person completed a mental | ||
health court program created under Chapter 125, Government Code, or | ||
former law, subject to Subsection (a-4); | ||
(c) the person completed a pretrial | ||
intervention program authorized under Section 76.011, Government | ||
Code, other than a veterans treatment court program created under | ||
Chapter 124, Government Code, or former law, or a mental health | ||
court program created under Chapter 125, Government Code, or former | ||
law; | ||
(d) 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 | ||
(e) 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. This Act takes effect September 1, 2023. |