Johnson Bill Opens Record Sealing To Felony Convictions

The text as introduced · 1,149 words

90R5347 JSC-F

By: Ward Johnson
H.B. No. 439

A BILL TO BE ENTITLED

AN ACT

relating to the eligibility of certain criminal defendants for an

order of nondisclosure of criminal history record information.

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

SECTION 1. Section 411.0725(e), Government Code, is amended

to read as follows:

(e) A person may petition the court that placed the person

on deferred adjudication community supervision for an order of

nondisclosure of criminal history record information under this

section only on or after:

(1) the discharge and dismissal, if the offense for

which the person was placed on deferred adjudication was a

misdemeanor [ other than a misdemeanor described by Subdivision

(2) ];

(2) the first [ second ] anniversary of the discharge

and dismissal, if the offense for which the person was placed on

deferred adjudication was a state jail felony [ misdemeanor under

Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code ]; or

(3) the second [ fifth ] anniversary of the discharge

and dismissal, if the offense for which the person was placed on

deferred adjudication was a felony other than a state jail felony .

SECTION 2. The heading to Section 411.073, Government Code,

is amended to read as follows:

Sec. 411.073. PROCEDURE FOR COMMUNITY SUPERVISION

FOLLOWING CONVICTION; CERTAIN MISDEMEANORS AND FELONIES .

SECTION 3. Sections 411.073(a), (b), and (d), Government

Code, are amended to read as follows:

(a) This section applies only to a person placed on

community supervision under Chapter 42A, Code of Criminal

Procedure:

(1) following a conviction of an offense [ a

misdemeanor ] other than an offense [ a misdemeanor ] under :

(A) Section 106.041, Alcoholic Beverage Code ; or

(B) [ , ] Section 49.04, 49.045, 49.05, 49.06,

49.061, [ or ] 49.065, 49.07, or 49.08, Penal Code[ , or Chapter 71,

Penal Code ]; and

(2) under a provision of Chapter 42A, Code of Criminal

Procedure, other than Subchapter C, including:

(A) a provision that requires the person to serve

a term of confinement as a condition of community supervision; or

(B) another provision that authorizes placing a

person on community supervision after the person has served part of

a term of confinement imposed for the offense.

(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 state jail felony;

(3) the fifth anniversary of the date of completion of

the community supervision, if the offense for which the person was

placed on community supervision was a felony of the third degree;

(4) the seventh anniversary of the date of completion

of the community supervision, if the offense for which the person

was placed on community supervision was a felony of the second

degree; or

(5) the 10th anniversary of the date of completion of

the community supervision, if the offense for which the person was

placed on community supervision was a felony of the first degree

[ misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal

Code ].

SECTION 4. The heading to Section 411.0735, Government

Code, is amended to read as follows:

Sec. 411.0735. PROCEDURE FOR CONVICTION; CERTAIN

MISDEMEANORS AND FELONIES .

SECTION 5. Sections 411.0735(a), (b), and (d), Government

Code, are amended to read as follows:

(a) This section applies only to a person who:

(1) is convicted of an offense [ a misdemeanor ] other

than an offense [ a misdemeanor ] under :

(A) Section 106.041, Alcoholic Beverage Code ; or

(B) [ , ] Section 49.04, 49.045, 49.05, 49.06,

49.061, [ or ] 49.065, 49.07, or 49.08, Penal Code[ , or Chapter 71,

Penal Code ]; and

(2) is not eligible for an order of nondisclosure of

criminal history record information under Section 411.073.

(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 ].

(d) A person may petition the court that imposed the

sentence for an order of nondisclosure of criminal history record

information under this section only on or after:

(1) the date of completion of the person's sentence, if

the offense of which the person was convicted was a misdemeanor

punishable by fine only; [ or ]

(2) the first [ second ] anniversary of the date of

completion of the person's sentence, if the offense of which the

person was convicted was a misdemeanor other than a misdemeanor

described by Subdivision (1) ;

(3) the fifth anniversary of the date of completion of

the person's sentence, if the offense of which the person was

convicted was a state jail felony;

(4) the seventh anniversary of the date of completion

of the person's sentence, if the offense of which the person was

convicted was a felony of the third degree;

(5) the 10th anniversary of the date of completion of

the person's sentence, if the offense of which the person was

convicted was a felony of the second degree; or

(6) the 12th anniversary of the date of completion of

the person's sentence, if the offense of which the person was

convicted was a felony of the first degree .

SECTION 6. This Act takes effect September 1, 2027.