bill automatically sealing some old records after 10 years

The text as introduced · 1,003 words

89R14384 JRR-D

By: LaHood
H.B. No. 3654

A BILL TO BE ENTITLED

AN ACT

relating to automatic orders of nondisclosure of criminal history

record information for certain criminal defendants.

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

SECTION 1. Subchapter E-1, Chapter 411, Government Code, is

amended by adding Section 411.0718 to read as follows:

Sec. 411.0718. PROCEDURE FOR AUTOMATIC ORDER OF

NONDISCLOSURE OF CERTAIN NONVIOLENT MISDEMEANORS AND FELONIES. (a)

Subject to Subsection (b), a person is entitled to an automatic

order of nondisclosure of criminal history record information under

this section if:

(1) the person was convicted of or placed on deferred

adjudication community supervision under Subchapter C, Chapter

42A, Code of Criminal Procedure, for an offense other than:

(A) an offense punishable as a felony of the

first degree;

(B) an offense listed in Article 42A.054(a), Code

of Criminal Procedure;

(C) an offense for which the judgment contains an

affirmative finding under Article 42A.054(c) or (d), Code of

Criminal Procedure;

(D) an offense under Section 19.04, Penal Code;

(E) an offense under Chapter 21 or 43, Penal

Code;

(F) an offense under Chapter 49, Penal Code,

other than Section 49.02 or 49.031 of that code; or

(G) a traffic offense that is punishable by fine

only;

(2) either:

(A) the person was convicted of the offense

described by Subdivision (1) and completed the person's sentence,

including any term of confinement or period of community

supervision imposed and payment of all fines, costs, and

restitution imposed; or

(B) the person was placed on deferred

adjudication community supervision for the offense described by

Subdivision (1) and received a dismissal and discharge under

Article 42A.111, Code of Criminal Procedure, for the offense;

(3) the person satisfies the requirements of Section

411.074;

(4) the person 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; and

(5) the person has not previously received an order of

nondisclosure of criminal history record information under this

subchapter or other law for the offense described by Subdivision

(1).

(b) A person described by Subsection (a) becomes entitled to

an automatic order of nondisclosure of criminal history record

information under this section as follows:

(1) if the offense described by Subsection (a)(1) is a

misdemeanor or a felony, other than a felony described by

Subdivision (2), the 10th anniversary of, as applicable:

(A) the date of completion of the person's

sentence; or

(B) the date of the dismissal and discharge; or

(2) if the offense described by Subsection (a)(1) is a

felony of the second degree, the 15th anniversary of, as

applicable:

(A) the date of completion of the person's

sentence; or

(B) the date of the dismissal and discharge.

(c) Not later than the 15th day of each month, the

department shall:

(1) review the records in the department's

computerized criminal history system and, based on the relevant

information present in the system, identify and compile a list of

each person described by Subsection (a); and

(2) for each person identified on the list described

by Subdivision (1), provide to the applicable court that convicted

the person or placed the person on deferred adjudication community

supervision:

(A) notice of the person's entitlement to an

order of nondisclosure of criminal history record information under

this section; and

(B) a copy of the list described by Subdivision

(1).

(d) In identifying persons under Subsection (c)(1), the

department shall conduct a national criminal history background

check, which must include a search of criminal history record

information maintained or indexed by the Federal Bureau of

Investigation, for the purpose of identifying any criminal history

record information not in the department's computerized criminal

history system that would make a person ineligible to receive an

automatic order of nondisclosure of criminal history record

information under this section.

(e) Notwithstanding any other provision of this subchapter

or Subchapter F and except as provided by Subsection (f), if a court

that convicted a person or placed a person on deferred adjudication

community supervision receives notice from the department under

Subsection (c) that the person is entitled to an order of

nondisclosure of criminal history record information under this

section, the court shall, as soon as practicable after the receipt

of the notice, issue an order of nondisclosure of criminal history

record information under this subchapter prohibiting criminal

justice agencies from disclosing to the public criminal history

record information related to the offense for which the person was

convicted or giving rise to the deferred adjudication community

supervision.

(f) A court may not issue an order of nondisclosure of

criminal history record information under this section if the court

determines that the offense for which the order is sought, other

than an offense under Section 22.01, Penal Code, was violent or

sexual in nature.

(g) A person who is entitled to an order of nondisclosure of

criminal history record information under this section but who is

not identified by the department under Subsection (c) may present

to the court that convicted the person or placed the person on

deferred adjudication community supervision, as applicable, any

evidence necessary to establish that the person is entitled to

receive an order of nondisclosure of criminal history record

information under this section. The court shall prescribe the

manner in which the person may present the evidence to the court

under this subsection. The court shall determine whether the

person satisfies the requirements of this section, and if the court

makes a finding that the requirements of this section are

satisfied, the court shall issue an order of nondisclosure of

criminal history record information under Subsection (e) as soon as

practicable after making the finding.

(h) Notwithstanding any other law, a person who is entitled

to an order of nondisclosure of criminal history record information

under this section may not be required to pay any fee relating to

the issuance of the order.

SECTION 2. This Act takes effect January 1, 2026.