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Relating to the expunction of all records and files related to arrests for certain decriminalized misdemeanor offenses.
The fiscal implications of the bill cannot be determined because the misdemeanors that would be decriminalized and the number of offenses is unknown.
HB 859 would entitle a person placed on deferred adjudication community supervision or convicted for a misdemeanor that has subsequently been decriminalized to have all relevant files expunged once they have served their sentence. The person would have to submit a petition to the convicting court and indicate to the court in a hearing that their supervision or conviction qualifies under this new law. If enacted, qualifying individuals would be excluded from paying expunction fees.
Texas Action supports HB 859 because it would remove collateral consequences for a person convicted of an offense that is no longer a crime. A misdemeanor arrest or conviction can prevent a person from obtaining employment, accessing housing, and exercising certain rights. HB 859 would help to remove those restrictions for a person whose prior conduct is no longer considered a crime.
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