bill wiping records for misdemeanors that are no longer offenses

The text as introduced · 894 words

89R3130 JRR-D

By: Johnson
S.B. No. 1515

A BILL TO BE ENTITLED

AN ACT

relating to the expunction of all records and files related to

arrests for certain decriminalized misdemeanor offenses.

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

SECTION 1. Subchapter A, Chapter 55A, Code of Criminal

Procedure, is amended by adding Article 55A.007 to read as follows:

Art. 55A.007. CERTAIN DECRIMINALIZED MISDEMEANOR OFFENSES.

A person to whom this subchapter applies is entitled to the

expunction of all records and files related to the arrest,

including, as applicable, any records and files related to a

conviction of the offense, if:

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

adjudication community supervision under Subchapter C, Chapter

42A, for the offense for which the person was arrested;

(2) the offense for which the person was arrested was a

misdemeanor offense and the conduct that was the subject of the

offense as applied to the person has been statutorily

decriminalized subsequent to the date of the commission of the

offense; and

(3) as applicable:

(A) the person's sentence, including any term of

confinement or period of community supervision imposed and payment

of all fines and costs imposed, is finally discharged; or

(B) the person received a dismissal and discharge

under Article 42A.111 for the offense.

SECTION 2. Article 55A.251, Code of Criminal Procedure, is

amended to read as follows:

Art. 55A.251. FILING OF PETITION. (a) A person who is

entitled to expunction of records and files under Article 55A.002,

55A.004, or 55A.005 or Subchapter B, or a person who is eligible for

expunction of records and files under Article 55A.101, may, subject

to Article 55A.252, file an ex parte petition for expunction in a

district court for the county in which:

(1) the petitioner was arrested; or

(2) the offense was alleged to have occurred.

(b) A person who is entitled to expunction of records and

files under Article 55A.007 may file an ex parte petition for

expunction in the court that convicted the person or placed the

person on deferred adjudication community supervision.

SECTION 3. Subchapter F, Chapter 55A, Code of Criminal

Procedure, is amended by adding Article 55A.2545 to read as

follows:

Art. 55A.2545. PETITIONER DEMONSTRATION AT HEARING FOR

EXPUNCTION OF DECRIMINALIZED MISDEMEANOR OFFENSE. At a hearing

held on a petition for expunction on the basis of an entitlement

under Article 55A.007, the court may require the petitioner to

demonstrate that the offense that is the subject of the petition

qualifies as a statutorily decriminalized offense under current

law. The demonstration may include an affidavit signed by the

petitioner attesting to the fact that the offense that is the

subject of the petition qualifies as a statutorily decriminalized

offense under current law.

SECTION 4. Article 55A.257, Code of Criminal Procedure, is

amended to read as follows:

Art. 55A.257. DEPARTMENT OF PUBLIC SAFETY MAY FILE PETITION

ON PERSON'S BEHALF. The director of the Department of Public Safety

or the director's authorized representative may file on behalf of a

person described by Article 55A.251(a) [ 55A.251 ] or 55A.256 an ex

parte petition for expunction in a district court for the county in

which:

(1) the person was arrested; or

(2) the offense was alleged to have occurred.

SECTION 5. Subchapter H, Chapter 55A, Code of Criminal

Procedure, is amended by adding Article 55A.3565 to read as

follows:

Art. 55A.3565. RETENTION AND INSPECTION OF CERTAIN RECORDS

AFTER EXPUNCTION OF DECRIMINALIZED MISDEMEANOR OFFENSE. (a) This

article applies only to records and files for which an expunction

order has been issued on the basis of an entitlement under Article

55A.007.

(b) Notwithstanding any other law, the law enforcement

agency, the prosecuting attorney responsible for investigating the

offense for which the expunction order was issued, and the clerk of

the applicable court may retain the records and files relating to

the arrest for the offense, including any records and files related

to a conviction of the offense, to be used only:

(1) for the investigation or prosecution of another

offense arising out of the same transaction for which the person who

is the subject of the order was arrested; or

(2) by the office of the governor in determining

whether to issue a pardon or commute a sentence.

(c) The records and files for which the expunction order was

issued are not open for inspection by anyone, except that the

records and files are open for inspection by the person who is the

subject of the order or for the purposes described by Subsection

(b).

SECTION 6. Article 102.006(b), Code of Criminal Procedure,

is amended to read as follows:

(b) The fees under Subsection (a) or the fee under

Subsection (a-1), as applicable, shall be waived if :

(1) the petitioner seeks expunction of a criminal

record that relates to an arrest for an offense of which the person

was acquitted, other than an acquittal for an offense described by

Article 55A.151, and the petition for expunction is filed not later

than the 30th day after the date of the acquittal ; or

(2) the petitioner is entitled to expunction under

Article 55A.007 .

SECTION 7. This Act applies to an expunction of arrest

records and files relating to any misdemeanor offense that was

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

SECTION 8. This Act takes effect September 1, 2025.