Relating to the eligibility of criminal defendants for an order of nondisclosure of criminal history record information for certain offenses committed when younger than 25 years of age.

89(R) HB 3261 - Engrossed version - Bill Text

89R23335 JSC-D

By: Johnson, Garcia Hernandez, Collier,

H.B. No. 3261

Jones of Harris, Garcia of Bexar

A BILL TO BE ENTITLED

AN ACT

relating to the eligibility of criminal defendants for an order of

nondisclosure of criminal history record information for certain

offenses committed when younger than 25 years of age.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter E-1, Chapter 411, Government Code, is

amended by adding Section 411.0739 to read as follows:

Sec.

411.0739.

PROCEDURE FOR CONVICTION FOLLOWING

SUCCESSFUL COMPLETION OF SENTENCE; CERTAIN MISDEMEANORS AND

FELONIES COMMITTED WHEN YOUNGER THAN 25 YEARS OF AGE. (a) This

section applies only to a person who:

(1) is convicted of an offense other than an offense:

(A)

listed in Article 42A.054(a), Code of

Criminal Procedure; or

(B)

for which the judgment contains an

affirmative finding under Article 42A.054(c) or (d), Code of

Criminal Procedure;

(2)

was younger than 25 years of age at the time the

offense described by Subdivision (1) was committed; and

(3)

has not previously received an order of

nondisclosure of criminal history record information under this

subchapter or other law for the offense described by Subdivision

(1).

(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 or period

of community supervision 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 satisfies the

requirements of this section and Section 411.074.

(c)

Except as provided by Section 411.074, a person may

petition the court for an order of nondisclosure of criminal

history record information under this section regardless of whether

the person has been previously convicted of or placed on deferred

adjudication community supervision for another offense.

(d)

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.

(e)

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 second anniversary of the date of completion

of the person's sentence, if the offense of which the person was

convicted was a misdemeanor; or

(2)

the fifth anniversary of the date of completion of

the person's sentence, if the offense of which the person was

convicted was a felony.

SECTION 2. This Act takes effect September 1, 2025.