84(R) - 2015
Senate Criminal Justice
Senate Criminal Justice
Relating to criminal history record information that is subject to an
order of nondisclosure and prohibiting a person's waiver of a right to
an expunction or to an order of nondisclosure with respect to a criminal
A fiscal note dated May 8, 2015 anticipates no significant fiscal implication ot the State or units of local government.
Senate Bill 416 would amend Article 55.01 of the Code of Criminal Procedure relating to the right to expunction to forbid a person from waiving his or her right to an expunction under Chapter 55 in relation to a charged offense. It would make the waiver of a right to an expunction void.
Senate Bill 416 would amend Subsection 411.081 of the Government Code relating to the application of criminal history record information. It would specify that after notice to the state, an opportunity for a hearing, and a determination that a person is entitled to file the petition and issuance of the order is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public all criminal history record information related to the offense giving rise to the deferred adjudication, including information related to any other offense arising out of the same transaction as the offense for which the person was placed on deferred adjudication community supervision, if the other offense has not resulted in a final conviction and is no longer pending and if there was no court-ordered community supervision under Article 42.12, Code of Criminal Procedure, for the other offense.
It would also prohibit a person from waiving the person's right to an order of nondisclosure under Section 411.081, Government Code, that may exist in relation to an offense. Such a waiver would be void.
Vote Recommendation Notes
According to the statement of intent for Senate Bill 416, some prosecutors in several jurisdictions require defendants to waive their right to an order of nondisclosure as a requirement necessary to be offered deferred adjudication.
According to current law, a person who is place on deferred adjudication community supervision and subsequently receives a discharge and dismissal, can petition the court that place the defendant on deferred adjudication for an order of nondisclosure (Section 411.081(d) of the Government Code). Similarly, under Article 55.01 of the Code of Criminal Procedure, 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 under certain conditions.
In order for those rights to be enforced and respected, Senate Bill 416 would prohibit a waiver of any of these rights, and would make any such waiver made after the application of the bill void.
Criminal records can become an insurmountable barrier to finding a job. Research shows that ex-offenders that cannot find a job are more likely to re-offend. Senate Bill 416 would protect an ex-offender right to have the offender's record expunged in certain cases, or to make an order of non-disclosure. The bill would hence favor a limited government. We support Senate Bill 416.