HBA-EDN S.B. 1126 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1126 By: Ogden Criminal Jurisprudence 4/23/2001 Engrossed BACKGROUND AND PURPOSE Under current law, a person is entitled to the expunction of arrest records if the person has been released and the charge has not resulted in a final conviction and is no longer pending and there was no courtordered community supervision, provided that the person has met all other conditions required for the expunction of criminal records. However, the Third Court of Appeals has held that since an admission of guilt for an unadjudicated offense does not result in a final conviction, such an offense may be expunged from the person's criminal record. Senate Bill 1126 provides that a person is not entitled to the expunction of criminal records if the charge against the person has resulted in an admission of guilt of an unadjudicated offense. RULEMAKING AUTHORITY 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. ANALYSIS Senate Bill 1126 amends the Code of Criminal Procedure to provide that a person is not entitled to the expunction of criminal records if the person has been released and the charge has resulted in an admission of guilt of an unadjudicated offense. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.