bill opens record sealing to every specialty court graduate

The text as introduced · 529 words

89R1432 JSC-D

By: Johnson
H.B. No. 992

A BILL TO BE ENTITLED

AN ACT

relating to the eligibility for an order of nondisclosure of

criminal history record information of a criminal defendant who has

successfully completed a specialty court program.

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

SECTION 1. Section 126.004(d), Government Code, is amended

to read as follows:

(d) A program established under this chapter shall provide

each program participant with information related to the right to

petition for an order of nondisclosure of criminal history record

information under Section 411.0727 or 411.0728.

SECTION 2. Section 411.0727, Government Code, is amended to

read as follows:

Sec. 411.0727. PROCEDURE FOLLOWING SUCCESSFUL COMPLETION

OF SPECIALTY [ VETERANS TREATMENT ] COURT PROGRAM. (a) This section

applies only to a person who successfully completes a specialty

[ veterans treatment ] court program under Subtitle K, Title 2,

[ Chapter 124 ] or former law.

(b) Notwithstanding any other provision of this subchapter

or Subchapter F, a person described by Subsection (a) is entitled to

file with the court that placed the person in the specialty

[ veterans treatment ] court program a petition 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;

(2) has never been previously convicted of an offense

listed in Article 42A.054(a), Code of Criminal Procedure, or a

sexually violent offense, as defined by Article 62.001, Code of

Criminal Procedure; and

(3) is not convicted of any felony offense between the

date on which the person successfully completed the program and the

second anniversary of that date.

(c) Regardless of whether the person was convicted of or

placed on deferred adjudication community supervision for the

offense for which the person entered the specialty [ veterans

treatment ] court program or whether the case against the person was

dismissed following successful completion of the applicable

specialty court program [ under Section 124.001(b) ], after notice to

the state, an opportunity for a hearing, and a determination that

the person is entitled to file the petition and issuance of the

order is in the best interest of justice, the court shall issue an

order prohibiting criminal justice agencies from disclosing to the

public criminal history record information related to the offense

for which the person entered the specialty [ veterans treatment ]

court program.

(d) A person may file with the court that placed the person

in the specialty [ veterans treatment ] court program a petition for

an order of nondisclosure of criminal history record information

under this section only on or after the second anniversary of the

date the person successfully completed the program.

(e) A person is not entitled to petition the court for an

order of nondisclosure of criminal history record information under

this section if the person's entry into the specialty [ veterans

treatment ] court program arose as the result of a conviction of an

offense involving the operation of a motor vehicle while

intoxicated.

SECTION 3. Sections 123.001(b) and (c), Government Code,

are repealed.

SECTION 4. This Act takes effect September 1, 2025.