HBA-BSM H.B. 2264 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2264 By: Danburg Criminal Jurisprudence 4/12/2001 Introduced BACKGROUND AND PURPOSE Under current Texas law, expungement of a conviction or plea of guilty including a one-time conviction for drug possession from the defendant's criminal history is unavailable. Expungement is available only when the defendant is acquitted at trial, convicted and then pardoned, or when the indictment or information is dismissed. House Bill 2264 entitles a person who was 30 years or younger at the time of a drug related arrest to have all records and files relating to the arrest and any subsequent charge, conviction, or disposition of charges including acquittal expunged after 10 years from the date of arrest, if the person meets specified requirements. 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 2264 amends the Health and Safety Code to provide that a person who has been arrested for the possession of a controlled substance is entitled to have all records and files relating to the arrest and any subsequent charge, conviction, or disposition of charges including acquittal expunged if not less than 10 years have passed since the date of the arrest and: _ at the time of the offense the person is 30 years of age or younger; _at the time of the arrest for possession of the controlled substance, the person was not arrested for or charged with any felony other than felony possession of a controlled substance, a misdemeanor under Title 5, Penal Code, or a misdemeanor related to the operation of a motor vehicle while intoxicated; and _the person has not previously been convicted of two or more offenses involving the manufacture, delivery, or possession of a controlled substance. EFFECTIVE DATE September 1, 2001.