House Bill No. 3261 proposes amendments to the Government Code regarding the eligibility of certain criminal defendants for an order of nondisclosure of their criminal history record information. Specifically, it introduces a new section, 411.0739, which allows individuals who were convicted of specific misdemeanors or felonies committed when they were younger than 25 years of age to petition for nondisclosure after successfully completing their sentence. The bill outlines the criteria for eligibility, including that the individual must not have previously received an order of nondisclosure for the same offense and must have completed all terms of their sentence, including any community supervision and payment of fines.

The bill also stipulates that individuals can petition the court for nondisclosure regardless of any prior convictions or deferred adjudications for other offenses. The court is required to hold a hearing and determine if granting the petition is in the best interest of justice before issuing an order that prohibits criminal justice agencies from disclosing the relevant criminal history. Additionally, the bill specifies the timeframes for when individuals can file their petitions based on whether their conviction was for a misdemeanor or felony, with the act set to take effect on September 1, 2025.

Statutes affected:
Introduced: Government Code 126.004, Government Code 411.0725, Government Code 411.0727, Government Code 411.073, Government Code 411.0735, Government Code 123.001 (Government Code 126, Government Code 411, Government Code 123)
House Committee Report: (Government Code 126, Government Code 411, Government Code 123)
Engrossed: (Government Code 126, Government Code 411, Government Code 123)