79th Texas Legislature, Regular Session, House Bill 3093, Chapter 1309 Page: 1 of 10
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H.B. No. 3093
1 AN ACT
2 relating to petitions and procedures for the expunction or
3 nondisclosure of criminal records and files and to the consequences
4 of orders of nondisclosure.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
6 SECTION 1. Article 55.01, Code of Criminal Procedure, is
7 amended by adding Subsection (a-1) to read as follows:
8 (a-l) Notwithstanding Subsection (a)(2)(C), a person's
9 conviction of a felony in the five years preceding the date of the
10 arrest does not affect the person's entitlement to expunction for
11 purposes of an ex parte petition filed on behalf of the person by
12 the director of the Department of Public Safety under Section 2(e),
13 Article 55.02.
14 SECTION 2. Section 2, Article 55.02, Code of Criminal
15 Procedure, is amended by amending Subsection (d) and adding
16 Subsections (e) and (f) to read as follows:
17 (d) If the court finds that the petitioner, or a person for
18 whom an ex parte petition is filed under Subsection (e), is entitled
19 to expunction of any records and files that are the subject of the
20 petition, it shall enter an order directing expunction.
21 (e) The director of the Department of Public Safety or the
22 director's authorized representative may file on behalf of a person
23 described by Subsection (a) of this section or by Section 2a an ex
24 parte petition for expunction in a district court for the county in
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Texas. Legislature. House of Representatives. 79th Texas Legislature, Regular Session, House Bill 3093, Chapter 1309, legislative document, June 18, 2005; [Austin, Texas]. (texashistory.unt.edu/ark:/67531/metapth156954/m1/1/: accessed January 18, 2019), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.