H.B. No. 322
 
 
 
 
AN ACT
  relating to the expunction of arrest records and files for certain
  veterans and the waiver of fees and costs charged for the expunction
  and to the eligibility of certain victims of trafficking of persons
  for an order of nondisclosure.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 55.01, Code of Criminal Procedure, is
  amended by amending Subsection (a) and adding Subsection (a-3) to
  read as follows:
         (a)  A person who has been placed under a custodial or
  noncustodial arrest for commission of either a felony or
  misdemeanor is entitled to have all records and files relating to
  the arrest expunged if:
               (1)  the person is tried for the offense for which the
  person was arrested and is:
                     (A)  acquitted by the trial court, except as
  provided by Subsection (c); or
                     (B)  convicted and subsequently:
                           (i)  pardoned for a reason other than that
  described by Subparagraph (ii); or
                           (ii)  pardoned or otherwise granted relief
  on the basis of actual innocence with respect to that offense, if
  the applicable pardon or court order clearly indicates on its face
  that the pardon or order was granted or rendered on the basis of the
  person's actual innocence; or
               (2)  the person has been released and the charge, if
  any, has not resulted in a final conviction and is no longer pending
  and there was no court-ordered community supervision under Chapter
  42A for the offense, unless the offense is a Class C misdemeanor,
  provided that:
                     (A)  regardless of whether any statute of
  limitations exists for the offense and whether any limitations
  period for the offense has expired, an indictment or information
  charging the person with the commission of a misdemeanor offense
  based on the person's arrest or charging the person with the
  commission of any felony offense arising out of the same
  transaction for which the person was arrested:
                           (i)  has not been presented against the
  person at any time following the arrest, and:
                                 (a)  at least 180 days have elapsed
  from the date of arrest if the arrest for which the expunction was
  sought was for an offense punishable as a Class C misdemeanor and if
  there was no felony charge arising out of the same transaction for
  which the person was arrested;
                                 (b)  at least one year has elapsed from
  the date of arrest if the arrest for which the expunction was sought
  was for an offense punishable as a Class B or A misdemeanor and if
  there was no felony charge arising out of the same transaction for
  which the person was arrested;
                                 (c)  at least three years have elapsed
  from the date of arrest if the arrest for which the expunction was
  sought was for an offense punishable as a felony or if there was a
  felony charge arising out of the same transaction for which the
  person was arrested; or
                                 (d)  the attorney representing the
  state certifies that the applicable arrest records and files are
  not needed for use in any criminal investigation or prosecution,
  including an investigation or prosecution of another person; or
                           (ii)  if presented at any time following the
  arrest, was dismissed or quashed, and  the court finds that the
  indictment or information was dismissed or quashed because:
                                 (a)  the person completed a veterans
  treatment court program created under Chapter 124, Government Code,
  or former law, subject to Subsection (a-3);
                                 (b)  the person completed a pretrial
  intervention program authorized under Section 76.011, Government
  Code, other than a veterans treatment court program created under
  Chapter 124, Government Code, or former law;
                                 (c)  [because] the presentment had
  been made because of mistake, false information, or other similar
  reason indicating absence of probable cause at the time of the
  dismissal to believe the person committed the offense; or
                                 (d)  [, or because] the indictment or
  information was void; or
                     (B)  prosecution of the person for the offense for
  which the person was arrested is no longer possible because the
  limitations period has expired.
         (a-3)  A person is eligible under Subsection
  (a)(2)(A)(ii)(a) for an expunction of arrest records and files only
  if:
               (1)  the person has not previously received an
  expunction of arrest records and files under that sub-subparagraph;
  and
               (2)  the person submits to the court an affidavit
  attesting to that fact.
         SECTION 2.  Section 1a, Article 55.02, Code of Criminal
  Procedure, is amended by adding Subsection (a-1) to read as
  follows:
         (a-1)  A trial court dismissing a case following a person's
  successful completion of a veterans treatment court program created
  under Chapter 124, Government Code, or former law, if the trial
  court is a district court, or a district court in the county in
  which the trial court is located may, with the consent of the
  attorney representing the state, enter an order of expunction for a
  person entitled to expunction under Article 55.01(a)(2)(A)(ii)(a)
  not later than the 30th day after the date the court dismisses the
  case or receives the information regarding that dismissal, as
  applicable. Notwithstanding any other law, a court that enters an
  order for expunction under this subsection may not charge any fee or
  assess any cost for the expunction.
         SECTION 3.  Article 102.006(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  The fees under Subsection (a) shall be waived if[:
               [(1)]  the petitioner:
               (1)  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 55.01(c), [;]
  and
               [(2)] the petition for expunction is filed not later
  than the 30th day after the date of the acquittal; or
               (2)  is entitled to expunction under Article
  55.01(a)(2)(A)(ii)(a) after successful completion of a veterans
  treatment court program created under Chapter 124, Government Code,
  or former law.
         SECTION 4.  Section 124.001(b), Government Code, is amended
  to read as follows:
         (b)  If a defendant successfully completes a veterans
  treatment court program, after notice to the attorney representing
  the state and a hearing in the veterans treatment court at which
  that court determines that a dismissal is in the best interest of
  justice, the veterans treatment court shall provide to the court in
  which the criminal case is pending information about the dismissal
  and shall include all of the information required about the
  defendant for a petition for expunction under Section 2(b), Article
  55.02, Code of Criminal Procedure. The court in which the criminal
  case is pending shall dismiss the case against the defendant and:
               (1)  if that trial court is a district court, the court
  may, with the consent of the attorney representing the state, enter
  an order of expunction on behalf of the defendant under Section
  1a(a-1), Article 55.02, Code of Criminal Procedure; or
               (2)  if that trial court is not a district court, the
  court may, with the consent of the attorney representing the state,
  forward the appropriate dismissal and expunction information to
  enable a district court with jurisdiction to enter an order of
  expunction on behalf of the defendant under Section 1a(a-1),
  Article 55.02, Code of Criminal Procedure.
         SECTION 5.  Section 411.0728, Government Code, is amended by
  amending Subsections (a), (c), and (d) and adding Subsection (b-1)
  to read as follows:
         (a)  This section applies only to a person:
               (1)  who [on conviction for an offense under Section
  43.02, Penal Code,] is placed on community supervision under
  Chapter 42A [Article 42.12], Code of Criminal Procedure, after
  conviction for an offense under:
                     (A)  Section 481.120, Health and Safety Code, if
  the offense is punishable under Subsection (b)(1);
                     (B)  Section 481.121, Health and Safety Code, if
  the offense is punishable under Subsection (b)(1);
                     (C)  Section 31.03, Penal Code, if the offense is
  punishable under Subsection (e)(1) or (2);
                     (D)  Section 43.02, Penal Code; or
                     (E)  Section 43.03(a)(2), Penal Code, if the
  offense is punishable as a Class A misdemeanor;[,] and
               (2)  with respect to whom the conviction is
  subsequently set aside by the court under Article 42A.701, Code of
  Criminal Procedure [Section 20(a) of that article].
         (b-1)  A petition under Subsection (b) must assert that the
  person seeking an order of nondisclosure under this section has not
  previously received an order of nondisclosure under this section.
         (c)  After notice to the state, an opportunity for a hearing,
  a determination by the court that the person has not previously
  received an order of nondisclosure under this section, and a
  determination by the court that the person committed the offense
  solely as a victim of trafficking of persons and that issuance of
  the order is in the best interest of justice, the court shall issue
  an order prohibiting criminal justice agencies from disclosing to
  the public criminal history record information related to the
  offense for which the defendant was placed on community supervision
  as described by Subsection (a) [under Section 43.02, Penal Code,
  giving rise to the community supervision].
         (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 after the
  person's conviction [under Section 43.02, Penal Code,] is set aside
  as described by Subsection (a).
         SECTION 6.  (a)  Except as provided by Subsection (b) of
  this section, this Act applies to the expunction of arrest records
  and files for a person who successfully completes a veterans
  treatment court program under Chapter 124, Government Code, or
  former law before, on, or after the effective date of this Act,
  regardless of when the underlying arrest occurred.
         (b)  The change in law made by this Act to Article 102.006,
  Code of Criminal Procedure, applies to the fees charged or costs
  assessed for an expunction order entered on or after the effective
  date of this Act, regardless of whether the underlying arrest
  occurred before, on, or after the effective date of this Act.
         (c)  For a person who is entitled to expunction under Article
  55.01(a)(2)(A)(ii)(a), Code of Criminal Procedure, as amended by
  this Act, based on a successful completion of a veterans treatment
  court program under Chapter 124, Government Code, or former law
  before the effective date of this Act, notwithstanding the 30-day
  time limit provided for the court to enter an automatic order of
  expunction under Section 1a(a-1), Article 55.02, Code of Criminal
  Procedure, as added by this Act, the court may, with the consent of
  the attorney representing the state, enter an order of expunction
  for the person as soon as practicable after the court receives
  written notice from any party to the case about the person's
  entitlement to the expunction.
         SECTION 7.  The change in law made by this Act applies to a
  person whose conviction for an offense is set aside under Article
  42A.701, Code of Criminal Procedure, on or after the effective date
  of this Act, regardless of when the person committed the offense for
  which the person was convicted.
         SECTION 8.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 322 was passed by the House on April
  12, 2017, by the following vote:  Yeas 146, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 322 on May 27, 2017, by the following vote:  Yeas 145, Nays 1, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 322 was passed by the Senate, with
  amendments, on May 24, 2017, by the following vote:  Yeas 29, Nays
  2.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor