HBA-EDN H.B. 1415 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1415
By: Farrar
Criminal Jurisprudence
4/3/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, it is difficult to have a deferred adjudication expunged from a
criminal record.  While many people have accepted a conviction on deferred
adjudication, they generally do so with the expectation that the offense
will not affect their permanent record.  However, as the law currently
stands, a deferred adjudication remains on a permanent criminal record.
This deferred adjudication may then impede a person's ability to obtain a
desired job or position even years after the offense.  House Bill 1415
requires a court to expunge a deferred adjudication from a person's
criminal record if there is a subsequent dismissal or discharge, and the
person charged is not convicted of an offense in the following five-year
period.     

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1415 amends the Code of Criminal Procedure to require a court
that places a person on deferred adjudication community supervision to
expunge all records and files relating to the arrest for an offense if the
person subsequently received a dismissal and discharge of the offense and
during the five-year period immediately after the date of dismissal and
discharge, was not convicted of any offense.  The bill requires the court
to order expunction in the same manner provided for procedures for
expunction, except that the court is required to order expunction not later
than the 30th day after the 5th anniversary of the date on which the person
entitled to expunction received a dismissal and discharge for the offense. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.