Bill Text: TX HB346 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the expunction of arrest records and files relating to an offense for which an indictment or information was dismissed with prejudice.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2017-02-15 - Referred to Criminal Jurisprudence [HB346 Detail]
Download: Texas-2017-HB346-Introduced.html
| 85R1510 JRR-D | ||
| By: Canales | H.B. No. 346 | |
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| relating to the expunction of arrest records and files relating to | ||
| an offense for which an indictment or information was dismissed | ||
| with prejudice. | ||
| 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); 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, 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: | ||
| (a) [ |
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| 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) was dismissed with prejudice | ||
| based on a finding of the court other than a finding described by | ||
| Subparagraph (ii)(a), and the attorney representing the state has | ||
| not appealed the dismissal and appeal of the dismissal is no longer | ||
| possible; 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. The change in law made by this Act applies to a | ||
| petition for expunction filed on or after the effective date of this | ||
| Act, regardless of whether the offense that is the subject of the | ||
| petition occurred before, on, or after the effective date of this | ||
| Act. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
