HB4733 - Relating to the expunction of arrest records and files and the issuance of orders of nondisclosure of criminal history record information for certain persons.

  89R18302 TYPED     By: González of Dallas H.B. No. 4733       A BILL TO BE ENTITLED   AN ACT   relating to the expunction of arrest records and files and the   issuance of orders of nondisclosure of criminal history record   information for certain persons.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 55.01(c), Code of Criminal Procedure, is   amended to read as follows:          (c)  A court may not order the expunction of records and   files relating to an arrest for an offense for which a person is   subsequently acquitted, whether by the trial court, a court of   appeals, or the court of criminal appeals, if the offense for which   the person was acquitted arose out of a criminal episode described   [ , as defined ] by Section 3.01(1) [ 3.01 ], Penal Code, and the person   was convicted of or remains subject to prosecution for at least one   other offense occurring during the criminal episode.          SECTION 2.  Subchapter E-1, Chapter 411, Government Code, is   amended by adding Section 411.0717 to read as follows:           Sec.   411.0717.     CERTAIN RELATED OFFENSES INCLUDED IN ORDER.   A court that issues an order of nondisclosure of criminal history   record information under this subchapter shall include in the order   any other offense arising out of the same transaction as the offense   for which the order is sought if:                 (1)     the other offense has not resulted in a final   conviction and is no longer pending; and                 (2)     there was no court-ordered community supervision   under Chapter 42A, Code of Criminal Procedure, for the other   offense.          SECTION 3.  Sections 411.073(b) and (d), Government Code,   are amended to read as follows:          (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 misdemeanor under Chapter   20, 21, 22, 25, 42, 43, or 46, Penal Code ].          SECTION 4.  Section 411.0735(b), Government Code, is amended   to read as follows:          (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 ].          SECTION 5.  Article 55.01(c), Code of Criminal Procedure, as   amended by this Act, applies to the expunction of arrest records and   files for any criminal offense that occurred before, on, or after   the effective date of this Act.          SECTION 6.  This Act takes effect September 1, 2025.