TITLE: Relating to the expunction of certain records involving marihuana possession.

SUMMARY: Relating to the expunction of certain records involving marihuana possession.

FULL TEXT:
AN ACT Relating to the expunction of certain records involving marihuana possession. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 411, Government Code, is amended by amending Section 411.074 to read as follows: Sec. 411.074. REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF [NONDISCLOSURE] EXPUNCTION.(a) A person may be granted an order of [nondisclosure] expunction of criminal history record information under this subchapter and, when applicable, is entitled to petition the court to receive an order under this subchapter only if, during the period after the court pronounced the sentence or placed the person on deferred adjudication community supervision for the offense for which the order of [nondisclosure] expunction is requested, and during any applicable waiting period after completion of the sentence or deferred adjudication community supervision required by this subchapter, the person is not convicted of or placed on deferred adjudication community supervision under Subchapter C, Chapter 42A,Code of Criminal Procedure, for any offense other than an offense under the Transportation Code punishable by fine only. (b) A person may not be granted an order of [nondisclosure] expunction of criminal history record information under this subchapter and is not entitled to petition the court for an order under this subchapter if: (1) the person was convicted or placed on deferred adjudication community supervision for or has been previously convicted or placed on any other deferred adjudication community supervision for: (A) an offense requiring registration as a sex offender under Chapter 62,Code of Criminal Procedure; (B) an offense under Section 20.04,Penal Code, regardless of whether the offense is a reportable conviction or adjudication for purposes of Chapter 62,Code of Criminal Procedure; (C) an offense under Section 19.02,19.03,20A.02,20A.03,22.04,22.041,25.07,25.072,or 42.072,Penal Code; or (D) any other offense involving family violence, as defined by Section 71.004,Family Code; or (2) the court makes an affirmative finding that the offense for which the order of [nondisclosure] expunction of criminal history record information is requested involved family violence, as defined by Section 71.004,Family Code. SECTION 2. This Act takes effect September 1, 2017.