Texas Fresh Start

2007 Legislative Update

The 80th legislature session has ended and two bills were pasted that effect Non-Disclosure and Expunction. Below is a summary of those changes. These changes go into effect on September 1st 2007:

HB 1303: Effectively closes some loopholes in the current law concerning Non-Disclosure eligibility.

1. Under the current law, you can not be convicted or accept deferred adjudication during the mandatory wait time for your offense to be eligible.

Under the new law, that time period has been expanded to include your time spent on deferred adjudication probation. So now to be eligible, you can not be convicted or accept deferred adjudication again from the day you were placed on probation to the date the mandatory wait time ends.

Under the new version, if the person was placed on the deferred adjudication community supervision for or has been previously convicted or placed on any other deferred adjudication for: (1) an offense requiring registration as a sex offender under Chapter 62, Code of Criminal Procedure; (2) an offense under Section 20.04, Penal Code, regardless of whether the offense is a reportable conviction or adjudication for purposes of Chapter 62, Code of Criminal Procedure; (3) an offense under Section 19.02, 19.03, 22.04, 22.041, 25.07, or 42.072, Penal Code; or (4) any other offense involving family violence, as defined by Section 71.004, Family Code.
This change effectively knocks out first time offenders. The underlined section is the new part of the law.

HB 1303: Modifications to the laws concerning Expunction:

No changes in the eligibility conditions for expunction were made, but the law has been modified to put more of the burden of notifying private companies that purchase criminal records (privately owned background check companies) on the state.

HB 2115: Reduces the courts ability to place a defendant on Deferred Adjudication probation for alcohol related offenses.

The changes basically eliminates deferred adjudication as an option for most all alcohol related charges including DWI and BWI, but not including Public Intoxication.

Questions? email us at wjrathbone@texasfreshstart.com