Bill Text: TX HB2684 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the expunction of arrest records and files and the issuance of orders of nondisclosure of criminal history record information for certain persons.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-04-06 - Left pending in committee [HB2684 Detail]

Download: Texas-2021-HB2684-Introduced.html
  87R8476 JRR-F
 
  By: Canales H.B. No. 2684
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the expunction of arrest records and files and the
  issuance of orders of nondisclosure of criminal history record
  information for certain persons.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 55.01(c), Code of Criminal Procedure, is
  amended to read as follows:
         (c)  A court may not order the expunction of records and
  files relating to an arrest for an offense for which a person is
  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 described 
  [, as defined] by Section 3.01(1) [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.
         SECTION 2.  Subchapter E-1, Chapter 411, Government Code, is
  amended by adding Section 411.0717 to read as follows:
         Sec. 411.0717.  CERTAIN RELATED OFFENSES INCLUDED IN ORDER.
  A court that issues an order of nondisclosure of criminal history
  record information under this subchapter shall include in the order
  any other offense arising out of the same transaction as the offense
  for which the order is sought if:
               (1)  the other offense has not resulted in a final
  conviction and is no longer pending; and 
               (2)  there was no court-ordered community supervision
  under Chapter 42A, Code of Criminal Procedure, for the other
  offense.
         SECTION 3.  Sections 411.073(b) and (d), Government Code,
  are amended to read as follows:
         (b)  Notwithstanding any other provision of this subchapter
  or Subchapter F, a person described by Subsection (a) whose
  community supervision is not revoked and who completes the period
  of community supervision, including any term of confinement imposed
  and payment of all fines, costs, and restitution imposed, may
  petition the court that placed the person on community supervision
  for an order of nondisclosure of criminal history record
  information under this section if the person[:
               [(1)] satisfies the requirements of this section and
  Section 411.074[; and
               [(2) has never been previously convicted of or placed
  on deferred adjudication community supervision for another offense
  other than a traffic offense that is punishable by fine only].
         (d)  A person may petition the court that placed the person
  on community supervision for an order of nondisclosure of criminal
  history record information under this section only on or after[:
               [(1)]  the completion of the community supervision[, if
  the offense for which the person was placed on community
  supervision was a misdemeanor other than a misdemeanor described by
  Subdivision (2); or
               [(2)  the second anniversary of the date of completion
  of the community supervision, if the offense for which the person
  was placed on community supervision was a misdemeanor under Chapter
  20, 21, 22, 25, 42, 43, or 46, Penal Code].
         SECTION 4.  Section 411.0735(b), Government Code, is amended
  to read as follows:
         (b)  Notwithstanding any other provision of this subchapter
  or Subchapter F, a person described by Subsection (a) who completes
  the person's sentence, including any term of confinement imposed
  and payment of all fines, costs, and restitution imposed, may
  petition the court that imposed the sentence for an order of
  nondisclosure of criminal history record information under this
  section if the person[:
               [(1)] satisfies the requirements of this section and
  Section 411.074[; and
               [(2) has never been previously convicted of or placed
  on deferred adjudication community supervision for another offense
  other than a traffic offense that is punishable by fine only].
         SECTION 5.  Article 55.01(c), Code of Criminal Procedure, as
  amended by this Act, applies 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 6.  This Act takes effect September 1, 2021.
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