89th Legislature

HB 4515

Overall Vote Recommendation
Vote Yes; Amend
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

HB 4515 seeks to expand eligibility for nondisclosure of criminal history record information for individuals who have completed community supervision or served sentences for certain low-level offenses. Specifically, the bill amends Sections 411.073 and 411.0735 of the Texas Government Code to allow for nondisclosure for individuals convicted of most misdemeanors (excluding certain alcohol-related, sexual, family violence, and organized crime offenses) and for those convicted of a state jail felony under Section 481.121 of the Health and Safety Code (typically low-level marijuana possession).

The bill sets tiered waiting periods before a person can petition the court for an order of nondisclosure. For general misdemeanors, a person may apply immediately after completing community supervision or their sentence. For more serious misdemeanors under specific Penal Code chapters (e.g., assault, family violence), a two-year waiting period is required. For state jail felonies, the bill imposes a five-year waiting period post-sentence or post-supervision.

By enabling more individuals to shield their criminal records from public view after demonstrating rehabilitation, HB 4515 is intended to improve access to employment and housing, reduce recidivism, and promote reintegration into society. However, it still maintains restrictions for more serious or violent offenses and preserves judicial discretion through a petition-based process.

The originally filed version of HB 4515 proposed a broad expansion of eligibility for orders of nondisclosure, including detailed amendments to multiple sections of the Government Code and the creation of an entirely new section, 411.0738, to handle nondisclosure petitions for individuals with multiple convictions from separate criminal transactions. It also introduced a complex tiered system for eligibility based on the severity and type of offense, with varying waiting periods ranging from one to five years. The bill included specific disqualifications, such as convictions involving Penalty Group 1-B controlled substances and certain violent or sexual offenses.

In contrast, the Committee Substitute for HB 4515 narrowed the scope of the bill by removing amendments to Section 411.0725 (which governs deferred adjudication cases) and omitting the newly proposed Section 411.0738, which would have allowed consolidated nondisclosure petitions for multiple convictions. The committee version simplifies the eligibility framework by adopting a three-tiered waiting period structure, immediate, two years, or five years, rather than the more complex timeline of one-, two-, three-, and five-year waiting periods in the original version.

Additionally, the Committee Substitute relaxes some of the original bill’s restrictions, such as removing the specific exclusion of cases involving Penalty Group 1-B substances and streamlining the offense eligibility categories. It retains the core reforms, expanding nondisclosure eligibility for certain misdemeanors and state jail felonies, but eliminates the more administratively complex procedures for handling multiple convictions across different counties. Overall, the substitute reflects a more focused and simplified approach to record-clearing eligibility, likely in response to implementation concerns or stakeholder feedback.

Author
David Cook
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 4515 is not expected to have a significant fiscal impact on the state. The analysis assumes that any costs associated with implementing the expanded eligibility for nondisclosure orders could be absorbed within existing resources of the affected state agencies, including the Office of Court Administration, the Texas Judicial Council, and the Department of Public Safety.

For local governments, the fiscal note also concludes that no significant financial effect is anticipated. While courts may experience an increase in petitions for nondisclosure, the anticipated workload is not expected to require additional staffing or funding. Likewise, local clerks and prosecutors may see modest increases in filings or hearings, but these are projected to fall within the capacity of current operations.

In short, the fiscal implications of the bill are minimal. It broadens access to nondisclosure orders, which could incrementally increase case processing, but the scale of change is not expected to generate measurable new costs for state or local governments.

Vote Recommendation Notes

HB 4515 represents a modest but meaningful reform in Texas criminal justice policy. By extending nondisclosure eligibility to individuals convicted of low-level marijuana possession, the bill directly addresses the barriers that criminal records create in obtaining employment, housing, and education. These collateral consequences can perpetuate cycles of poverty and recidivism, and the bill provides a structured path for rehabilitation while maintaining safeguards. Importantly, nondisclosure does not erase records; law enforcement, courts, and certain institutions such as financial and healthcare entities still retain access. Thus, public safety remains protected even as barriers for individuals are reduced.

The fiscal implications are negligible. The Legislative Budget Board has concluded that no significant cost to the state or local governments is expected and that any workload increases can be absorbed using existing resources. This ensures that taxpayers will not face new burdens, and the state is not required to expand its bureaucratic apparatus. In other words, the bill does not grow the size or scope of government.

The legislation also avoids creating additional regulatory burdens on individuals or businesses. Instead, it reduces regulatory friction by allowing reformed individuals to reenter the workforce and secure stable housing without the weight of certain old records. Businesses and employers are not subject to new compliance requirements; they continue to have access to necessary information for positions that involve public trust or safety-sensitive responsibilities.

That said, the narrowed focus of the Committee Substitute, which limits eligibility to marijuana possession cases and requires a five-year waiting period, is more restrictive than the originally filed version. This may unnecessarily exclude other low-level, nonviolent offenses where nondisclosure could equally serve the public interest in promoting rehabilitation. Future consideration should be given to expanding eligibility to include a broader range of nonviolent offenses, while preserving strong exclusions for violent and sexual crimes.

Texas Policy Research recommends that lawmakers vote YES on HB 4515 as a balanced step toward reintegration and reduced recidivism. However, amendments should be pursued in the future to broaden eligibility thoughtfully and further align the law with the goals of fairness, rehabilitation, and efficient reintegration into society.

  • Individual Liberty: The bill enhances individual liberty by giving people who have completed their sentences for certain low-level marijuana offenses an opportunity to move forward without a permanent public mark on their records. The ability to petition for nondisclosure restores dignity and reduces unnecessary state interference in a person’s life after they have paid their debt to society. Importantly, this relief does not come at the expense of public safety, since sealed records remain available to law enforcement and certain regulated institutions.
  • Personal Responsibility: The bill reinforces personal responsibility by tying nondisclosure eligibility to the successful completion of a sentence or community supervision. Individuals must meet all conditions and remain offense-free for the waiting period (five years, in this case) before relief becomes available. This structure rewards compliance and accountability while still offering a path to redemption.
  • Free Enterprise: The bill supports free enterprise by easing entry into the labor market for individuals who might otherwise be blocked from meaningful employment due to old criminal records. Removing barriers to work expands the available workforce, improves economic productivity, and reduces reliance on public assistance. Employers also benefit from a larger talent pool without additional regulatory obligations.
  • Private Property Rights: While the bill does not directly impact property rights in the traditional sense, it indirectly supports them by improving access to housing. Many landlords screen tenants through background checks, and nondisclosure allows individuals who have demonstrated rehabilitation to compete more fairly for housing opportunities.
  • Limited Government: The bill upholds limited government by not expanding agencies or creating new programs. The fiscal note confirms no significant new costs to state or local governments. Instead, it makes existing nondisclosure processes available to a slightly larger pool of individuals. This is a targeted adjustment, not a broad expansion of state power, and it reduces long-term government entanglement in the lives of reformed offenders.
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