Hi chey,
The following is the result of my research for the amended Texas Code
of Criminal Procedure (Chapters 55.01 and 55.02) statutes:
"Relating to the expunction of criminal records and to the duty of law
enforcement agencies regarding records associated with certain
defendants receiving deferred adjudication. This act amends Articles
55.01, 55.02, 55.03 of the Code of Criminal Procedure and Chapters 411
and 552 of the Government Code to fine tune and strengthen the law
regulating the expunction of criminal records when a defendant
successfully completes the terms required by court. Among the
provisions is a $500 penalty for private agencies releasing
information subject to a court non-disclosure order. This act became
effective on September 1, 2003."
Society of Southwest Archivists: Texas Legislative Update
http://southwestarchivists.org/HTML/78TXLegSenBrief.htm
"Effective September 1, 2003. Senate Bill 1477 amends Subsection (a)
Article 55.01, Code of Criminal Procedure, to allow a person who has
been placed under custodial or noncustodial arrest for the commission
of a felony or misdemeanor to petition to have records and files
relating to the arrest expunged under certain circumstances."
Texas Secretary of State
http://www.sos.state.tx.us/texreg/archive/August152003/in-addition/in-addition.html
Subject: Not-Guilty Expunctions
HB 171
Effective Date: For request for expunction made on or after September 1, 2003
"Act amends Section 1, Article 55.02, Code of Criminal Procedure,
which provides for expunction of records after a finding of not
guilty. Chapter 55, Code of Criminal Procedure, provides for
expunctions in district court. Before amendment, Article 55.02 ordered
the trial court presiding over the case in which a defendant was
acquitted to order expunction if requested. Now the statute provides
that the trial court orders expunction if the trial court is a
district court, or a district court in the county in which the trial
court is located. This clears up earlier ambiguity. The amendment
makes it clear that a municipal court does not order expunction after
the finding of not guilty. The request must be made, heard, and
ordered in an appropriate district court. This Act does not affect
juvenile expunctions in municipal court."
Texas Municipal Courts Education Center: 2003 Legislative Update
http://www.tmcec.com/files/03_Barfield_New_Municipal_Court_Procedures.pdf.
You can find the draft of the amended statute at the following site:
Texas Legislature Online
http://www.capitol.state.tx.us/tlo/78R/billtext/SB00566F.HTM
Search criteria:
Texas Code of Criminal Procedure 55.01 55.02
Texas Code of Criminal Procedure 55.01 55.02 amended
Texas Code of Criminal Procedure 55.01 55.02 2003
I hope the information provided is helpful. If you have any questions
regarding my answer please don't hesitate to ask before rating it.
Best wishes,
rainbow-ga |
