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.