88R8385 JRR-D     By: Davis H.B. No. 2193       A BILL TO BE ENTITLED   AN ACT   relating to the automatic expunction of all records and files   related to arrests for certain misdemeanor offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 55, Code of Criminal Procedure, is   amended by adding Article 55.012 to read as follows:          Art. 55.012.  AUTOMATIC EXPUNCTION OF CERTAIN MISDEMEANOR   OFFENSES. (a) A person who has been placed under a custodial or   noncustodial arrest for an offense is entitled to the expunction of   all records and files related to the arrest, including, as   applicable, any records and files related to a conviction of the   offense, if:                (1)  the offense for which the person was arrested was a   misdemeanor offense, other than a misdemeanor offense:                      (A)  under Section 106.041, Alcoholic Beverage   Code, or Chapter 49, Penal Code; or                      (B)  involving family violence, as defined by   Section 71.004, Family Code;                (2)  the person is convicted of or placed on deferred   adjudication community supervision under Subchapter C, Chapter   42A, for the offense described by Subdivision (1);                (3)  the person has never been previously convicted of   or placed on deferred adjudication community supervision for any   offense involving family violence, as defined by Section 71.004,   Family Code;                (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 offense described by Subdivision (1);                (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 10 years has passed since   the date on which, as applicable:                      (A)  the person's sentence for the offense   described by Subdivision (1), including any term of confinement or   period of community supervision imposed and payment of all fines   and costs imposed, is fully discharged; or                      (B)  the person received a dismissal and discharge   under Article 42A.111 for the offense described by Subdivision (1).          (b)  Regardless of whether the person has filed a petition   for expunction, not later than the 30th day after the date that a   person becomes entitled to expunction under this article, the court   that convicted the person or placed the person on deferred   adjudication community supervision shall enter an order directing   expunction in a manner consistent with the procedures described by   Section 1a, Article 55.02, provided that the order does not apply to   an opinion issued by an appellate court.          (c)  Notwithstanding any other law, a person entitled to   expunction under this article is not required to pay any fee for an   expunction under this article.          SECTION 2.  Section 109.005(a), Business & Commerce Code, is   amended to read as follows:          (a)  A business entity may not publish any criminal record   information in the business entity's possession with respect to   which the business entity has knowledge or has received notice   that:                (1)  an order of expunction has been issued under   Chapter 55 [Article 55.02], Code of Criminal Procedure; or                (2)  an order of nondisclosure of criminal history   record information has been issued under Subchapter E-1, Chapter   411, Government Code.          SECTION 3.  Section 411.0835, Government Code, is amended to   read as follows:          Sec. 411.0835.  PROHIBITION AGAINST DISSEMINATION TO   CERTAIN PRIVATE ENTITIES. If the department receives information   indicating that a private entity that purchases criminal history   record information from the department has been found by a court to   have committed three or more violations of Section 552.1425 by   compiling or disseminating information with respect to which an   order of expunction has been issued under Chapter 55 [Article   55.02], Code of Criminal Procedure, or an order of nondisclosure of   criminal history record information has been issued under   Subchapter E-1, the department may not release any criminal history   record information to that entity until the first anniversary of   the date of the most recent violation.          SECTION 4.  Section 411.0851(a), Government Code, is amended   to read as follows:          (a)  A private entity that compiles and disseminates for   compensation criminal history record information shall destroy and   may not disseminate any information in the possession of the entity   with respect to which the entity has received notice that:                (1)  an order of expunction has been issued under   Chapter 55 [Article 55.02], Code of Criminal Procedure; or                (2)  an order of nondisclosure of criminal history   record information has been issued under Subchapter E-1.          SECTION 5.  Section 411.151(b), Government Code, is amended   to read as follows:          (b)  A person may petition for the expunction of a DNA record   under the procedures established under Article 55.02, Code of   Criminal Procedure, if the person is entitled to the expunction of   records relating to the offense to which the DNA record is related   under Chapter 55 [Article 55.01], Code of Criminal Procedure.          SECTION 6.  Section 552.1425(a), Government Code, is amended   to read as follows:          (a)  A private entity that compiles and disseminates for   compensation criminal history record information may not compile or   disseminate information with respect to which the entity has   received notice that:                (1)  an order of expunction has been issued under   Chapter 55 [Article 55.02], Code of Criminal Procedure; or                (2)  an order of nondisclosure of criminal history   record information has been issued under Subchapter E-1, Chapter   411.          SECTION 7.  (a)  Subject to Subsection (b) of this section,   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.          (b)  If a person entitled to expunction under Article 55.012,   Code of Criminal Procedure, as added by this Act, completed the   person's sentence or received a dismissal and discharge before   September 1, 2013, the court that convicted the person or placed the   person on deferred adjudication community supervision shall issue   an order of expunction under that article as soon as practicable   after the effective date of this Act but not later than August 31,   2025.          SECTION 8.  This Act takes effect September 1, 2023.