more people can clear or seal their records

The text as introduced · 663 words

89R18302 TYPED

By: González of Dallas
H.B. No. 4733

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, 2025.