AI-assisted research summary: This section lets certain eligible people ask the court for an order of nondisclosure, and requires the court to issue it unless the collision-based exception applies.
Sec. 411.0731. PROCEDURE FOR COMMUNITY SUPERVISION FOLLOWING CONVICTION; CERTAIN DRIVING WHILE INTOXICATED CONVICTIONS. (a) This section applies only to a person placed on community supervision under Chapter 42A, Code of Criminal Procedure: (1) following a conviction of an offense under Section 49.04, Penal Code, other than an offense punishable under Subsection (d) of that section; and (2) under a provision of Chapter 42A, Code of Criminal Procedure, other than Subchapter C, including: (A) a provision that requires the person to serve a term of confinement as a condition of community supervision; or (B) another provision that authorizes placing a person on community supervision after the person has served part of a term of confinement imposed for the offense. (b) Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) whose community supervision is not revoked and who completes the period of community supervision, including any term of confinement imposed and payment of all fines, costs, and restitution imposed, may petition the court that placed the person on community supervision for an order of nondisclosure of criminal history record information under this section if the person: (1) satisfies the requirements of this section and Section 411.074; and (2) has never been previously convicted of or placed on deferred adjudication community supervision for another offense other than a traffic offense that is punishable by fine only. (c) A petition for an order of nondisclosure of criminal history record information filed under this section must include evidence that the person is entitled to file the petition. (d) Except as provided by Subsection (e), after notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and issuance of an order of nondisclosure of criminal history record information is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the community supervision. (e) A court may not issue an order of nondisclosure of criminal history record information under this section if the attorney representing the state presents evidence sufficient to the court demonstrating that the commission of the offense for which the order is sought resulted in a motor vehicle collision involving another person, including a passenger in a motor vehicle operated by the person seeking the order of nondisclosure. (f) A person may petition the court that placed the person on community supervision for an order of nondisclosure of criminal history record information under this section only on or after: (1) the second anniversary of the date of completion of the community supervision, if the person successfully complied with a condition of community supervision that, for a period of not less than six months, restricted the person's operation of a motor vehicle to a motor vehicle equipped with an ignition interlock device; or (2) the fifth anniversary of the date of completion of the community supervision, if the court that placed the person on community supervision did not order the person to comply with a condition of community supervision described by Subdivision (1) for the period described by that subdivision. Added by Acts 2017, 85th Leg., R.S., Ch. 877 (H.B. 3016), Sec. 4, eff. September 1, 2017. Amended by: Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 132, eff. September 1, 2023.