HB 4733
AN ACT relating to the expunction of arrest records and files and the
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
relating to the expunction of arrest records and files and the
Subject Areas
Bill Text
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 (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 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 [(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 [(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 (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 [(1)] satisfies the requirements of this section 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.
Bill History
Bill filed: AN ACT relating to the expunction of arrest records and files and the
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