Canales Bill Lets Nonviolent Misdemeanor Records Get Cleared After Five Years

The text as introduced · 1,218 words

90R1412 JRR-D

By: Canales
H.B. No. 897

A BILL TO BE ENTITLED

AN ACT

relating to the expunction of arrest records and files relating to

certain nonviolent misdemeanor offenses and a waiver of the fee for

filing a petition for expunction for indigent petitioners.

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 Articles 55A.007 and 55A.008 to

read as follows:

Art. 55A.007. FOLLOWING DEFERRED ADJUDICATION COMMUNITY

SUPERVISION FOR CERTAIN NONVIOLENT MISDEMEANOR OFFENSES. A person

to whom this subchapter applies is entitled to have all records and

files related to the arrest expunged if:

(1) the person was placed under a custodial or

noncustodial arrest for a misdemeanor offense other than a

misdemeanor offense under:

(A) Chapter 483, Health and Safety Code;

(B) Chapter 25, 42, 43, 46, or 71, Penal Code;

(C) Section 48.02, Penal Code; or

(D) Title 5 or 8, Penal Code;

(2) the person was placed on deferred adjudication

community supervision under Subchapter C, Chapter 42A, for the

misdemeanor offense described by Subdivision (1) for which the

person was arrested and subsequently received a dismissal and

discharge under Article 42A.111;

(3) the person was not required to register as a sex

offender under Chapter 62 as a condition of or as a result of the

person's placement on deferred adjudication community supervision

as described by Subdivision (2);

(4) the person has not been convicted of or placed on

deferred adjudication community supervision under Subchapter C,

Chapter 42A, for an offense, other than a traffic offense

punishable by fine only, committed after the date of the commission

of the misdemeanor offense described by Subdivision (1) for which

the person was placed on deferred adjudication community

supervision as described by Subdivision (2);

(5) there are no charges pending against the person

for the commission of any offense, other than a traffic offense

punishable by fine only; and

(6) a period of not less than five years has passed

since the date on which the person received the dismissal and

discharge described by Subdivision (2).

Art. 55A.008. FOLLOWING PARTIAL EXECUTION OF SENTENCE AND

PLACEMENT ON COMMUNITY SUPERVISION FOR CERTAIN NONVIOLENT

MISDEMEANOR OFFENSES. A person to whom this subchapter applies is

entitled to have all records and files related to the arrest

expunged if:

(1) the person was placed under a custodial or

noncustodial arrest for a misdemeanor offense other than a

misdemeanor offense under:

(A) Chapter 483, Health and Safety Code;

(B) Chapter 25, 42, 43, 46, or 71, Penal Code;

(C) Section 48.02, Penal Code; or

(D) Title 5 or 8, Penal Code;

(2) the person was convicted of the misdemeanor

offense described by Subdivision (1) for which the person was

arrested, sentenced to a term of confinement in jail for the

offense, and subsequently placed on community supervision for the

offense pursuant to Article 42A.201(b) following partial execution

of the sentence;

(3) the person completed the period of community

supervision for the misdemeanor offense described by Subdivision

(1) for which the person was convicted and subsequently placed on

community supervision as described by Subdivision (2);

(4) the person was not required to register as a sex

offender under Chapter 62 as a condition of or as a result of the

person's conviction or placement on community supervision as

described by Subdivision (2);

(5) the person has not been convicted of or placed on

deferred adjudication community supervision under Subchapter C,

Chapter 42A, for an offense, other than a traffic offense

punishable by fine only, committed after the date of the commission

of the misdemeanor offense described by Subdivision (1) for which

the person was convicted and subsequently placed on community

supervision as described by Subdivision (2);

(6) there are no charges pending against the person

for the commission of any offense, other than a traffic offense

punishable by fine only; and

(7) a period of not less than five years has passed

since the date on which the person completed the period of community

supervision as described by Subdivision (3).

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 or 55A.008 may file an ex parte petition

for expunction in the court that placed the person on community

supervision.

SECTION 3. Article 55A.253, Code of Criminal Procedure, is

amended by adding Subsection (a-1) to read as follows:

(a-1) In addition to the information required under

Subsection (a), an ex parte petition filed under Article 55A.251(b)

must contain a statement that:

(1) the person was not required to register as a sex

offender under Chapter 62 as a condition of or as a result of, as

applicable:

(A) the person's placement on deferred

adjudication community supervision as described by Article

55A.007(2); or

(B) the person's conviction or placement on

community supervision as described by Article 55A.008(2);

(2) the person has not been convicted of or placed on

deferred adjudication community supervision under Subchapter C,

Chapter 42A, for an offense, other than a traffic offense

punishable by fine only, committed after the date of the commission

of the misdemeanor offense for which the person seeks an order of

expunction; and

(3) there are no charges pending against the person

for the commission of any offense, other than a traffic offense

punishable by fine only.

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. Article 102.0061(c), Code of Criminal Procedure,

is amended to read as follows:

(c) The fee under Subsection (a) or the fee under Subsection

(b), 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

[ (2) ] 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 any

provision of Chapter 55A and the court finds that the petitioner is

indigent .

SECTION 6. 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 7. This Act takes effect September 1, 2027.