TITLE: Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.

SUMMARY: Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.

FULL TEXT:
AN ACT relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Section 411.073, Government Code, is amended to read as follows: Sec. 411.073. PROCEDURE FOR COMMUNITY SUPERVISION FOLLOWING CONVICTION; CERTAIN MISDEMEANORS AND STATE JAIL FELONIES.SECTION 2. Sections 411.073(a) and (d), Government Code, are amended to read as follows: (a) This section applies only to a person placed on community supervision under Chapter 42A, Code of Criminal Procedure: (1) following a conviction of:(A) a misdemeanor other than a misdemeanor under Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or (B) a state jail felony under Section 481.121, Health and Safety Code; and (2) under a provision of Chapter 42A, Code of Criminal Procedure, other than Subchapter Cof that chapter,including: (A) a provision that requires the person to serve a term of confinement as a condition of community supervision; or (B) another provision that authorizes placing a person on community supervision after the person has served part of a term of confinement imposed for the offense. (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;or (3) the fifth anniversary of the date of completion of the community supervision, if the offense for which the person was placed on community supervision was a state jail felony.SECTION 3. The heading to Section 411.0735, Government Code, is amended to read as follows: Sec. 411.0735. PROCEDURE FOR CONVICTION; CERTAIN MISDEMEANORS AND STATE JAIL FELONIES.SECTION 4. Sections 411.0735(a) and (d), Government Code, are amended to read as follows: (a) This section applies only to a person who: (1) is convicted of:(A) a misdemeanor other than a misdemeanor under Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or (B) a state jail felony under Section 481.121, Health and Safety Code; and (2) is not eligible for an order of nondisclosure of criminal history record information under Section 411.073. (d) A person may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section only on or after: (1) the date of completion of the person's sentence, if the offense of which the person was convicted was a misdemeanor punishable by fine only; [or] (2) the second anniversary of the date of completion of the person's sentence, if the offense of which the person was convicted was a misdemeanor other than a misdemeanor described by Subdivision (1);or (3) the fifth anniversary of the date of completion of the person's sentence, if the offense of which the person was convicted was a state jail felony.SECTION 5. This Act takes effect September 1, 2025.