reglab/housing_qa huggingface dataset:
TX Govt Code § 411.0729 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter E. -1. Order of Nondisclosure of Criminal History Record Information|Section 411.0729. Procedure for Certain Veterans Placed on Community Supervision

Sec. 411.0729.  PROCEDURE FOR CERTAIN VETERANS PLACED ON COMMUNITY SUPERVISION.  (a)  On successful completion of the veterans reemployment program under Subchapter H-1, Chapter 42A, Code of Criminal Procedure, and all other conditions of the defendant's community supervision, including deferred adjudication community supervision, after notice to the state and a hearing on whether issuance of an order of nondisclosure is in the best interest of justice, the court shall enter an order of nondisclosure with respect to all records of the offense for which the defendant was placed on community supervision.(b)  Subsection (a) applies regardless of whether the defendant meets the other eligibility criteria under this subchapter.|Added by Acts 2019, 86th Leg., R.S., Ch. 361 (H.B. 714), Sec. 2, eff. June 2, 2019.|
TX Govt Code § 411.0735 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter E. -1. Order of Nondisclosure of Criminal History Record Information|Section 411.0735. Procedure for Conviction; Certain Misdemeanors

Sec. 411.0735.  PROCEDURE FOR CONVICTION; CERTAIN MISDEMEANORS.  (a)  This section applies only to a person who:(1)  is convicted of 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; and(2)   is not eligible for an order of nondisclosure of criminal history record information under Section 411.073.(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 section if the person:(1)  satisfies the requirements of this section and Section 411.074; 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.(c)  Except as provided by Subsection (c-1), after notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and 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 person was convicted.(c-1)  A court may not issue an order of nondisclosure of criminal history record information under this section if the court determines that the offense for which the order is sought, other than an offense under Section 22.01, Penal Code, was violent or sexual in nature.(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).|Added by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 5, eff. September 1, 2015.Amended by: Acts 2017, 85th Leg., R.S., Ch. 877 (H.B. 3016), Sec. 5, eff. September 1, 2017.|
TX Govt Code § 411.074 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter E. -1. Order of Nondisclosure of Criminal History Record Information|Section 411.074. Required Conditions for Receiving an Order of Nondisclosure

Sec. 411.074.  REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF NONDISCLOSURE.  (a)  A person may be granted an order of nondisclosure 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 community supervision, including deferred adjudication community supervision, for the offense for which the order of nondisclosure is requested, and during any applicable waiting period for the person under this subchapter following completion of the person's sentence or community supervision, including deferred adjudication community supervision, the person is not convicted of or placed on deferred adjudication community supervision for any offense other than a traffic offense that is punishable by fine only.(b)  A person may not be granted an order of nondisclosure of criminal history record information under this subchapter and is not entitled to petition the court for an order of nondisclosure under this subchapter if:(1)  the person requests the order of nondisclosure for, or the person has been previously convicted of or placed on 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 is requested involved family violence, as defined by Section 71.004, Family Code.|Amended by: Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.40, eff. January 1, 2017.Transferred, redesignated and amended by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 6, eff. September 1, 2015.Amended by: Acts 2017, 85th Leg., R.S., Ch. 877 (H.B. 3016), Sec. 7, eff. September 1, 2017.|
TX Govt Code § 411.0745 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter E. -1. Order of Nondisclosure of Criminal History Record Information|Section 411.0745. Petition and Order

Sec. 411.0745.  PETITION AND ORDER.  (a)  A person who petitions the court for an order of nondisclosure of criminal history record information under this subchapter, when a petition is required, may file the petition in person, electronically, or by mail.(b)  The petition must be accompanied by payment of a fee that generally applies to the filing of a civil case.(c)  The Office of Court Administration of the Texas Judicial System shall prescribe a form for the filing of a petition electronically or by mail.  The form must provide for the petition to be accompanied by the required fees and any other supporting material determined necessary by the office of court administration, including evidence that the person is entitled to file the petition.(d)  The office of court administration shall make available on its Internet website the electronic application and printable application form.  Each county or district clerk's office that maintains an Internet website shall include on that website a link to the electronic application and printable application form available on the office of court administration's Internet website.(e)  On receipt of a petition under this section, the court shall provide notice to the state and an opportunity for a hearing on whether the person is entitled to file the petition and issuance of the order is in the best interest of justice.  The court shall hold a hearing before determining whether to issue an order of nondisclosure of criminal history record information, except that a hearing is not required if:(1)  the state does not request a hearing on the issue before the 45th day after the date on which the state receives notice under this subsection; and(2)  the court determines that:(A)  the person is entitled to file the petition; and(B)  the order is in the best interest of justice.|Transferred, redesignated and amended from Government Code, Section 411.081(f-1) by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 7, eff. September 1, 2015.Amended by: Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 2.16, eff. January 1, 2022.|
TX Govt Code § 411.0755 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter E. -1. Order of Nondisclosure of Criminal History Record Information|Section 411.0755. Statement in Application for Employment, Information, or Licensing

Sec. 411.0755.  STATEMENT IN APPLICATION FOR EMPLOYMENT, INFORMATION, OR LICENSING.  A person whose criminal history record information is the subject of an order of nondisclosure of criminal history record information issued under this subchapter is not required in any application for employment, information, or licensing to state that the person has been the subject of any criminal proceeding related to the information that is the subject of the order.|Transferred, redesignated and amended from Government Code, Section 411.081(g-2) by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 9, eff. September 1, 2015.|
TX Govt Code § 411.076 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter E. -1. Order of Nondisclosure of Criminal History Record Information|Section 411.076. Disclosure by Court

Sec. 411.076.  DISCLOSURE BY COURT.  (a)  A court may not disclose to the public any information contained in the court records that is the subject of an order of nondisclosure of criminal history record information issued under this subchapter.  The court may disclose information contained in the court records that is the subject of an order of nondisclosure of criminal history record information only to:(1)  criminal justice agencies for criminal justice or regulatory licensing purposes;(2)  an agency or entity listed in Section 411.0765; or(3)  the person who is the subject of the order.(b)  The clerk of the court issuing an order of nondisclosure of criminal history record information under this subchapter shall seal any court records containing information that is the subject of the order as soon as practicable after the date the clerk of the court sends all relevant criminal history record information contained in the order or a copy of the order to the department under Section 411.075(a).|Transferred, redesignated and amended from Government Code, Section 411.081(g-3) by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 10, eff. September 1, 2015.|
TX Govt Code § 411.077 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter E. -1. Order of Nondisclosure of Criminal History Record Information|Section 411.077. Department of Public Safety Report

Sec. 411.077.  DEPARTMENT OF PUBLIC SAFETY REPORT.  (a)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(c)(16), eff. January 1, 2022.(b)  The department shall submit a report to the legislature not later than December 1 of each even-numbered year that includes information on:(1)  the number of petitions for nondisclosure of criminal history record information and orders of nondisclosure of criminal history record information received by the department in each of the previous two years;(2)  the actions taken by the department with respect to the petitions and orders received;(3)  the costs incurred by the department in taking those actions; and(4)  the number of persons who are the subject of an order of nondisclosure of criminal history record information and who became the subject of criminal charges for an offense committed after the order was issued.|Transferred, redesignated and amended from Government Code, Section 411.081(h) by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 12, eff. September 1, 2015.Amended by: Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 2.17, eff. January 1, 2022.Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(c)(16), eff. January 1, 2022.|
TX Govt Code § 411.0775 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter E. -1. Order of Nondisclosure of Criminal History Record Information|Section 411.0775. Admissibility and Use of Certain Criminal History Record Information in Subsequent Criminal Proceeding

Sec. 411.0775.  ADMISSIBILITY AND USE OF CERTAIN CRIMINAL HISTORY RECORD INFORMATION IN SUBSEQUENT CRIMINAL PROCEEDING.  Notwithstanding any other law, criminal history record information that is related to a conviction and is the subject of an order of nondisclosure of criminal history record information under this subchapter may be:(1)  admitted into evidence during the trial of any subsequent offense if the information is admissible under the Texas Rules of Evidence or another law; or(2)  disclosed to a prosecuting attorney for a criminal justice purpose.|Added by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 13, eff. September 1, 2015.|
TX Govt Code § 411.082 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter F. Criminal History Record Information|Section 411.082. Definitions

Sec. 411.082.  DEFINITIONS.  In this subchapter:(1)  "Administration of criminal justice" has the meaning assigned by Article 66.001, Code of Criminal Procedure.(2)  "Criminal history record information" means information collected about a person by a criminal justice agency that consists of identifiable descriptions and notations of arrests, detentions, indictments, informations, and other formal criminal charges and their dispositions.  The term does not include:(A)  identification information, including fingerprint records, to the extent that the identification information does not indicate involvement of the person in the criminal justice system;  or(B)  driving record information maintained by the department under Subchapter C, Chapter 521, Transportation Code.(3)  "Criminal justice agency" means:(A)  a federal or state agency that is engaged in the administration of criminal justice under a statute or executive order and that allocates a substantial portion of its annual budget to the administration of criminal justice;  or(B)  a nongovernmental railroad or campus police department that has obtained an originating agency identifier from the Federal Bureau of Investigation.(4)  "Criminal justice purpose" means:(A)  an activity that is included in the administration of criminal justice;  or(B)  screening of applicants for employment with a criminal justice agency.(5)  "Office of capital and forensic writs" means the office of capital and forensic writs established under Subchapter B, Chapter 78.(6)  "Public defender's office" has the meaning assigned by Article 26.044(a), Code of Criminal Procedure.|Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.190, eff. Sept. 1, 1997.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1188 (S.B. 1044), Sec. 1, eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 1215 (S.B. 1743), Sec. 23, eff. September 1, 2015.Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 4.10, eff. January 1, 2019.|
TX Govt Code § 411.0835 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter F. Criminal History Record Information|Section 411.0835. Prohibition Against Dissemination to Certain Private Entities

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 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.|Added by Acts 2007, 80th Leg., R.S., Ch. 1017 (H.B. 1303), Sec. 7, eff. September 1, 2007.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 22, eff. September 1, 2015.|
TX Govt Code § 411.084 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter F. Criminal History Record Information|Section 411.084. Use of Criminal History Record Information

Sec. 411.084.  USE OF CRIMINAL HISTORY RECORD INFORMATION.  (a)  Criminal history record information obtained from the department under this subchapter, including any identification information that could reveal the identity of a person about whom criminal history record information is requested and information that directly or indirectly indicates or implies involvement of a person in the criminal justice system:(1)  is for the exclusive use of the authorized recipient of the information; and(2)  may be disclosed or used by the recipient only if, and only to the extent that, disclosure or use is authorized or directed by:(A)  this subchapter;(B)  another statute;(C)  a rule adopted under a statute; or(D)  an order of a court of competent jurisdiction.(a-1)  The term "criminal history record" information under Subsection (a) does not refer to any specific document produced to comply with this subchapter but to the information contained, wholly or partly, in a document's original form or any subsequent form or use.(b)  Notwithstanding Subsection (a) or any other provision in this subchapter, criminal history record information obtained from the Federal Bureau of Investigation may be released or disclosed only to a governmental entity or as authorized by federal law and regulations, federal executive orders, and federal policy.(c)  An agency or individual may not confirm the existence or nonexistence of criminal history record information to any person that is not eligible to receive the information.|Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 296, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 9A.01, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.03, eff. June 19, 2009.|
TX Govt Code § 411.085 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter F. Criminal History Record Information|Section 411.085. Unauthorized Obtaining, Use, or Disclosure of Criminal History Record Information; Penalty

Sec. 411.085.  UNAUTHORIZED OBTAINING, USE, OR DISCLOSURE OF CRIMINAL HISTORY RECORD INFORMATION;  PENALTY.(a)  A person commits an offense if the person knowingly or intentionally:(1)  obtains criminal history record information in an unauthorized manner, uses the information for an unauthorized purpose, or discloses the information to a person who is not entitled to the information; or(2)  violates a rule of the department adopted under this subchapter.(b)  An offense under Subsection (a) is a Class B misdemeanor, except as provided by Subsection (c).(c)  An offense under Subsection (a) is a felony of the second degree if the person:(1)  obtains, uses, or discloses criminal history record information for remuneration or for the promise of remuneration;  or(2)  employs another person to obtain, use, or disclose criminal history record information for remuneration or for the promise of remuneration.(d)  The department shall provide a copy of this section to:(1)  each person who applies for access to criminal history record information maintained by the department; and(2)  each private entity that purchases criminal history record information from the department.|Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1017 (H.B. 1303), Sec. 8, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.05, eff. June 19, 2009.|
TX Govt Code § 411.0851 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter F. Criminal History Record Information|Section 411.0851. Duty of Private Entity to Update Criminal History Record Information; Civil Liability

Sec. 411.0851.  DUTY OF PRIVATE ENTITY TO UPDATE CRIMINAL HISTORY RECORD INFORMATION; CIVIL LIABILITY.  (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 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.(b)  Unless the entity is regulated by the federal Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.) or the Gramm-Leach-Bliley Act (15 U.S.C. Sections 6801 to 6809), a private entity described by Subsection (a) that purchases criminal history record information from the department or from another governmental agency or entity in this state:(1)  may disseminate that information only if, within the 90-day period preceding the date of dissemination, the entity:(A)  originally obtains that information; or(B)  receives that information as updated record information to its database; and(2)  shall notify the department if the entity sells any compilation of the information to another similar entity.(c)  A private entity that disseminates information in violation of this section is liable for any damages that are sustained as a result of the violation by the person who is the subject of that information.  A person who prevails in an action brought under this section is also entitled to recover court costs and reasonable attorney's fees.|Added by Acts 2007, 80th Leg., R.S., Ch. 1017 (H.B. 1303), Sec. 7, eff. September 1, 2007.Amended by: Acts 2009, 81st Leg., R.S., Ch. 780 (S.B. 1056), Sec. 2, eff. June 19, 2009.Acts 2011, 82nd Leg., R.S., Ch. 731 (H.B. 961), Sec. 8, eff. June 17, 2011.Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 23, eff. September 1, 2015.|