88R3273 JRR-D     By: Schaefer H.B. No. 175       A BILL TO BE ENTITLED   AN ACT   relating to the expunction of arrest records and files for certain   defendants placed on deferred adjudication community supervision   for the unlawful carrying of a handgun.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 55.01(a), Code of Criminal Procedure, is   amended to read as follows:          (a)  A person who has been placed under a custodial or   noncustodial arrest for commission of either a felony or   misdemeanor is entitled to have all records and files relating to   the arrest expunged if:                (1)  the person is tried for the offense for which the   person was arrested and is:                      (A)  acquitted by the trial court, except as   provided by Subsection (c);                      (B)  convicted and subsequently:                            (i)  pardoned for a reason other than that   described by Subparagraph (ii); or                            (ii)  pardoned or otherwise granted relief   on the basis of actual innocence with respect to that offense, if   the applicable pardon or court order clearly indicates on its face   that the pardon or order was granted or rendered on the basis of the   person's actual innocence; or                      (C)  convicted of or placed on deferred   adjudication community supervision under Subchapter C, Chapter   42A, for an offense committed before September 1, 2021, under   Section 46.02(a), Penal Code, as that section existed before that   date; or                (2)  the person has been released and the charge, if   any, has not resulted in a final conviction and is no longer pending   and there was no court-ordered community supervision under Chapter   42A for the offense, unless the offense is a Class C misdemeanor,   provided that:                      (A)  regardless of whether any statute of   limitations exists for the offense and whether any limitations   period for the offense has expired, an indictment or information   charging the person with the commission of a misdemeanor offense   based on the person's arrest or charging the person with the   commission of any felony offense arising out of the same   transaction for which the person was arrested:                            (i)  has not been presented against the   person at any time following the arrest, and:                                  (a)  at least 180 days have elapsed   from the date of arrest if the arrest for which the expunction was   sought was for an offense punishable as a Class C misdemeanor and if   there was no felony charge arising out of the same transaction for   which the person was arrested;                                  (b)  at least one year has elapsed from   the date of arrest if the arrest for which the expunction was sought   was for an offense punishable as a Class B or A misdemeanor and if   there was no felony charge arising out of the same transaction for   which the person was arrested;                                  (c)  at least three years have elapsed   from the date of arrest if the arrest for which the expunction was   sought was for an offense punishable as a felony or if there was a   felony charge arising out of the same transaction for which the   person was arrested; or                                  (d)  the attorney representing the   state certifies that the applicable arrest records and files are   not needed for use in any criminal investigation or prosecution,   including an investigation or prosecution of another person; or                            (ii)  if presented at any time following the   arrest, was dismissed or quashed, and the court finds that the   indictment or information was dismissed or quashed because:                                  (a)  the person completed a veterans   treatment court program created under Chapter 124, Government Code,   or former law, subject to Subsection (a-3);                                  (b)  the person completed a mental   health court program created under Chapter 125, Government Code, or   former law, subject to Subsection (a-4);                                  (c)  the person completed a pretrial   intervention program authorized under Section 76.011, Government   Code, other than a veterans treatment court program created under   Chapter 124, Government Code, or former law, or a mental health   court program created under Chapter 125, Government Code, or former   law;                                  (d)  the presentment had been made   because of mistake, false information, or other similar reason   indicating absence of probable cause at the time of the dismissal to   believe the person committed the offense; or                                  (e)  the indictment or information was   void; or                      (B)  prosecution of the person for the offense for   which the person was arrested is no longer possible because the   limitations period has expired.          SECTION 2.  This Act takes effect September 1, 2023.