HB1666 - Relating to the expunction of arrest records and files relating to certain nonviolent misdemeanor offenses.

  89R2944 JRR-D     By: Canales H.B. No. 1666       A BILL TO BE ENTITLED   AN ACT   relating to the expunction of arrest records and files relating to   certain nonviolent 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.     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 is 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).          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 placed the person on deferred   adjudication community supervision.          SECTION 3.  Article 55A.253, Code of Criminal Procedure, is   amended to read as follows:          Art. 55A.253.  CONTENTS OF PETITION. (a) An ex parte   petition filed under Article 55A.251, 55A.252, or 55A.257 must be   verified and must include, with respect to the person who is the   subject of the petition, the following or an explanation for why one   or more of the following is not included:                (1)  the person's:                      (A)  full name;                      (B)  sex;                      (C)  race;                      (D)  date of birth;                      (E)  driver's license number;                      (F)  social security number; and                      (G)  address at the time of the arrest;                (2)  the offense charged;                (3)  the date the offense charged was alleged to have   been committed;                (4)  the date of arrest;                (5)  the name of the county of arrest and if the arrest   occurred in a municipality, the name of the municipality;                (6)  the name of the arresting agency;                (7)  the case number and court of offense; and                (8)  together with the applicable physical or e-mail   addresses, a list of all:                      (A)  law enforcement agencies, jails or other   detention facilities, magistrates, courts, attorneys representing   the state, correctional facilities, central state depositories of   criminal records, and other officials or agencies or other entities   of this state or of any political subdivision of this state;                      (B)  central federal depositories of criminal   records that the person who is the subject of the petition has   reason to believe have records or files that are subject to   expunction; and                      (C)  private entities that compile and   disseminate for compensation criminal history record information   that the person who is the subject of the petition has reason to   believe have information related to records or files that are   subject to expunction.           (b)     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 the   person's placement on deferred adjudication community supervision   as described by Article 55A.007(3);                 (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 102.006(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 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, 2025.