Expunction route for public safety treatment court graduates

The text as introduced · 1,508 words

By: Geren
H.B. No. 2497

A BILL TO BE ENTITLED

AN ACT

relating to the automatic expunction of arrest records and files

for certain public safety employees who successfully complete a

public safety employees treatment court program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 55.01, Code of Criminal Procedure, is

amended by amending Subsection (a) and adding Subsection (a-5) 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 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 anytime 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 public

safety employees treatment court program created under Chapter 129,

Government Code, subject to Subsection (a-5);

(d) 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 , or a public safety employees treatment court program created

under Chapter 129, Government Code;

(e) [ (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

(f) [ (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.

(a-5) A person is eligible under Subsection

(a)(2)(A)(ii)(c) for an expunction of arrest records and files only

if:

(1) the person has not previously received an

expunction of arrest records and files under that sub-subparagraph;

and

(2) the person submits to the court an affidavit

attesting to that fact.

SECTION 2. Section 1a, Article 55.02, Code of Criminal

Procedure, is amended by adding Subsection (a-3) to read as

follows:

(a-3) A trial court dismissing a case following a person's

successful completion of a public safety employees treatment court

program created under Chapter 129, Government Code, if the trial

court is a district court, or a district court in the county in

which the trial court is located may, with the consent of the

attorney representing the state, enter an order of expunction for a

person entitled to expunction under Article 55.01(a)(2)(A)(ii)(c)

not later than the 30th day after the date the court dismisses the

case or receives the information regarding that dismissal, as

applicable. Notwithstanding any other law, a court that enters an

order for expunction under this subsection may not charge any fee or

assess any cost for the expunction.

SECTION 3. Article 102.006(b-1), Code of Criminal

Procedure, is amended to read as follows:

(b-1) The fees under Subsection (a) shall be waived if the

petitioner is entitled to expunction:

(1) under Article 55.01(a)(2)(A)(ii)(a) after

successful completion of a veterans treatment court program created

under Chapter 124, Government Code, or former law; [ or ]

(2) under Article 55.01(a)(2)(A)(ii)(b) after

successful completion of a mental health court program created

under Chapter 125, Government Code, or former law ; or

(3) under Article 55.01(a)(2)(A)(ii)(c) after

successful completion of a public safety employees treatment court

program created under Chapter 129, Government Code .

SECTION 4. Section 129.002(b), Government Code, is amended

to read as follows:

(b) If a defendant successfully completes a public safety

employees treatment court program, after notice to the attorney

representing the state and a hearing in the public safety employees

treatment court at which that court determines that a dismissal is

in the best interest of justice, the public safety employees

treatment court shall provide to the court in which the criminal

case is pending information about the dismissal and shall include

all of the information required about the defendant for a petition

for expunction under Section 2(b), Article 55.02, Code of Criminal

Procedure. The court in which the criminal case is pending shall

dismiss the case against the defendant and:

(1) if that trial court is a district court, the court

may, with the consent of the attorney representing the state, enter

an order of expunction on behalf of the defendant under Section

1a(a-3), Article 55.02, Code of Criminal Procedure; or

(2) if that trial court is not a district court, the

court may, with the consent of the attorney representing the state,

forward the appropriate dismissal and expunction information to

enable a district court with jurisdiction to enter an order of

expunction on behalf of the defendant under Section 1a(a-3),

Article 55.02, Code of Criminal Procedure .

SECTION 5. (a) Except as provided by Subsection (b) of

this section, this Act applies to the expunction of arrest records

and files for a person who successfully completes a public safety

employees treatment court program under Chapter 129, Government

Code, before, on, or after the effective date of this Act,

regardless of when the underlying arrest occurred.

(b) The change in law made by this Act to Article 102.006,

Code of Criminal Procedure, applies to the fees charged or costs

assessed for an expunction order entered on or after the effective

date of this Act, regardless of whether the underlying arrest

occurred before, on, or after the effective date of this Act.

(c) For a person who is entitled to expunction under Article

55.01(a)(2)(A)(ii)(c), Code of Criminal Procedure, as amended by

this Act, based on a successful completion of a public safety

employees treatment court program under Chapter 129, Government

Code, before the effective date of this Act, notwithstanding the

30-day time limit provided for the court to enter an automatic order

of expunction under Section 1a(a-3), Article 55.02, Code of

Criminal Procedure, as added by this Act, the court may, with the

consent of the attorney representing the state, enter an order of

expunction for the person as soon as practicable after the court

receives written notice from any party to the case about the

person's entitlement to the expunction.

SECTION 6. This Act takes effect September 1, 2025.