Office of House Bill AnalysisH.B. 153
By: Nixon, Joe
Criminal Jurisprudence


Currently, Texas law does not authorize a court to expunge the arrest
records of a person whose name was falsely presented by another person as
their own at the time of that person's arrest.  A person whose name was
given by a defendant is required to attend all court hearings to prove that
they are not the person in question.  H.B. 153 allows for the expunction of
such false arrest records. 


It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate  any additional rulemaking authority to a state
officer, department, agency, or institution. 


SECTION 1.  Amends Article 55.01, Code of Criminal Procedure, as follows:

(c)  Entitles a person to have that person's personal information, such as
name, address, date of birth, driver's license number, and social security
number, expunged from the records and files relating to the arrest of
another person if the identifying information was falsely given by the
person arrested without the consent of the person asserting the entitlement
or the arrested person falsely gave the information as the arrested
person's identifying information. 

SECTION 2.  Amends Section 1, Article 55.02, Code of Criminal Procedure, as

Sec. 1. (a)  Authorizes a person entitled to expunction of records to file
an ex parte petition for expunction in a district court for the county in
which the petitioner was arrested or the person who falsely identified
himself or herself as the petitioner was arrested, if the petitioner relies
on an entitlement under Article 55.01(c). 

(b)  Makes conforming changes.

(c) Requires the verified petition for expunction to include the arrested
person's full name, a statement that the petitioner is not the person
arrested, a statement that the petitioner did not give consent to the
arrested person to falsely identify himself or herself as the petitioner,
and authenticated fingerprint records of the petitioner, or an explanation
stating why the information is not included. 

SECTION 3.  Amends Section 5, Article 55.02, Code of Criminal Procedure, as

(f)  Requires each official, agency, or other entity, upon receipt of an
order granting expunction,  to obliterate all portions of the record or
file that identify the petitioner. Prohibits such official, agency or
entity from returning the record or file or deleting index references to
the record or file. 

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Emergency clause.
   Effective date: upon passage.