The bill amends the Code of Criminal Procedure and the Government Code to establish new procedures for issuing orders of nondisclosure for certain defendants' criminal history records. It modifies Article 42A.105(f) to require judges to make an affirmative finding for defendants charged with specific misdemeanors who are placed on deferred adjudication community supervision and do not qualify for an automatic order of nondisclosure. Additionally, it updates Section 411.0716 to clarify that the relevant subchapter applies to offenses committed on or after January 1, 2026, and introduces Section 411.0718, which outlines the automatic nondisclosure process, including the responsibilities of the department to identify eligible individuals and notify the courts.

The bill also redesignates and amends existing sections related to nondisclosure procedures, now numbered as Sections 411.0719, 411.0721, and 411.0723, detailing the criteria for automatic orders of nondisclosure. It specifies that individuals must have completed their community supervision and not have prior convictions or deferred adjudications for offenses other than minor traffic violations. The bill eliminates the requirement for individuals to pay a fee when petitioning for nondisclosure and repeals Section 411.072 of the Government Code, which contained outdated provisions. These changes aim to streamline the nondisclosure process and enhance opportunities for rehabilitation, taking effect on January 1, 2026.

Statutes affected:
Introduced: Government Code 411.0716, Government Code 411.0745, Government Code 411.072 (Government Code 411)