88R10628 CJD-D     By: Jones of Harris H.B. No. 3686       A BILL TO BE ENTITLED   AN ACT   relating to the automatic expunction of arrest records and files   after certain controlled substance offense charges are dismissed.          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 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 person is charged solely with   an offense under Subchapter D, Chapter 481, Health and Safety Code,   involving the manufacture, delivery, or possession of a controlled   substance and a laboratory analysis of the suspected controlled   substance finds no presence of a controlled substance;                                  (e)  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                                  (f) [(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.  Section 1a, Article 55.02, Code of Criminal   Procedure, is amended by adding Subsection (a-3) to read as   follows:          (a-3)  A trial court dismissing a case following a laboratory   analysis of a suspected controlled substance that finds no presence   of a controlled substance, if the trial court is a district court,   or a district court in the county in which the trial court is   located shall enter an order of expunction for a person entitled to   expunction under Article 55.01(a)(2)(A)(ii)(d) not later than the   30th day after the date the court dismisses the case or receives the   information regarding that dismissal, as applicable.     Notwithstanding any other law, a court that enters an order for   expunction under this subsection may not charge any fee or assess   any cost for the expunction.          SECTION 3.  Article 102.006(b-1), Code of Criminal   Procedure, is amended to read as follows:          (b-1)  The fees under Subsection (a) shall be waived if the   petitioner is entitled to expunction:                (1)  under Article 55.01(a)(2)(A)(ii)(a) after   successful completion of a veterans treatment court program created   under Chapter 124, Government Code, or former law; [or]                (2)  under Article 55.01(a)(2)(A)(ii)(b) after   successful completion of a mental health court program created   under Chapter 125, Government Code, or former law; or                (3)  under Article 55.01(a)(2)(A)(ii)(d).          SECTION 4.  (a)  This Act applies only to the expunction of   arrest records related to:                (1)  a charge for an offense that was dismissed on or   after the effective date of this Act; or                (2)  an arrest made on or after the effective date of   this Act.          (b)  Expunction for a dismissal or arrest that occurred   before the effective date of this Act is governed by the law in   effect at that time, and the former law is continued in effect for   that purpose.          (c)  The change in law made by this Act to Article 102.006,   Code of Criminal Procedure, applies to the fees charged or costs   assessed for an expunction order entered on or after the effective   date of this Act.          (d)  For a person who is entitled to expunction under Article   55.01(a)(2)(A)(ii)(d), Code of Criminal Procedure, as amended by   this Act, before the effective date of this Act, notwithstanding   the 30-day time limit provided for the court to enter an automatic   order of expunction under Section 1a(a-3), Article 55.02, Code of   Criminal Procedure, as added by this Act, the court shall enter an   order of expunction for the person as soon as practicable after the   court receives written notice from any party to the case about the   person's entitlement to the expunction.          SECTION 5.  This Act takes effect September 1, 2023.