HBA-EDN H.B. 3110 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3110 By: Dutton Criminal Jurisprudence 3/23/2001 Introduced BACKGROUND AND PURPOSE Under current law, a person arrested for a felony or misdemeanor is entitled to an expunction of records related to the arrest if the person is acquitted, convicted and subsequently pardoned, or released without a charge resulting in a final conviction, probation, or conditional charge. A person is also entitled to an expunction of records if an indictment of information charging the offense for which the person was arrested is never presented or is dismissed due to mistake, false information, or lack of probable cause or because the charge was void. Finally, expunction of a criminal record may occur if an individual has not been convicted of a felony in the five years preceding the arrest, but the individual must file a petition for expunction with a court, and it is within the court's discretion to order such an expunction. House Bill 3110 requires a trial court, upon the state's motion, to enter an order for the expunction of arrest records when the individual has been acquitted or the charge has been dismissed rather than requiring a defendant to file a petition of expunction of criminal records. 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 3110 amends the Code of Criminal Procedure to provide that a person who has been arrested for a felony or a misdemeanor is entitled to have all records and files relating to the arrest expunged if an indictment, complaint, or information charging the person with an offense has not been presented before the second anniversary of the arrest date or was presented but has been dismissed (Art. 55.01). The bill requires the trial court to enter an order of expunction if a person was acquitted, pardoned, or the offense was dismissed. The bill requires the attorney representing the state to bring a motion for expunction for a person who was arrested, but against whom an indictment, complaint, or information is not filed before the second anniversary of the arrest date. The bill requires the trial court to enter an order of expunction not later than the 30th day after the date of acquittal, pardon, dismissal, or filing of the motion by the attorney representing the state and to include in such an order a listing of each official, agency, or other entity of the state or political subdivision of the state that there is reason to believe has any records or files that are subject to the order (Art. 55.02). The bill deletes provisions relating to a defendant's request for expunction of records (Arts. 55.01 and 55.02). H.B. 3110 repeals provisions relating to notice and fees in expunction proceedings (SECTION 3). EFFECTIVE DATE September 1, 2001.