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Summary: Current law allows an individual placed on deferred adjudication who receives a case dismissal to petition a court for an order of nondisclosure for public criminal records. Critics assert that the law is unclear and could be interpreted as not expressly requiring court clerks to keep certain court records confidential. SB 107 would clarify existing law by prohibiting a court from disclosing criminal records under an order of nondisclosure.
Analysis: SB 107 enhances the ability of individuals who successfully complete deferred adjudication, have their case dismissed, and successfully petition the court for an order of nondisclosure, to ensure that their records actually remain confidential pursuant to the nondisclosure order. This bill promotes personal responsibility by allowing individuals to have a court case for which they were never convicted, and which was eventually dismissed, not be disclosed on a search of their criminal record. We recommend voting YES on SB 107.