Texas Government Code
Sec. § 411.0728
Procedure for Certain Victims of Trafficking of Persons


(a)

This section applies only to a person:

(1)

who is placed on community supervision under Chapter 42A, Code of Criminal Procedure, after conviction for an offense under:

(A)

Section 481.120, Health and Safety Code, if the offense is punishable under Subsection (b)(1);

(B)

Section 481.121, Health and Safety Code, if the offense is punishable under Subsection (b)(1);

(C)

Section 31.03, Penal Code, if the offense is punishable under Subsection (e)(1) or (2);

(D)

Section 43.02, Penal Code; or

(E)

Section 43.03(a)(2), Penal Code, if the offense is punishable as a Class A misdemeanor; and

(2)

with respect to whom the conviction is subsequently set aside by the court under Article 42A.701, Code of Criminal Procedure.

(b)

Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) who satisfies the requirements of Section 411.074 may petition the court that placed the person on community supervision for an order of nondisclosure of criminal history record information under this section on the grounds that the person committed the offense solely as a victim of trafficking of persons.

(b-1)

A petition under Subsection (b) must assert that the person seeking an order of nondisclosure under this section has not previously received an order of nondisclosure under this section.

(c)

After notice to the state, an opportunity for a hearing, a determination by the court that the person has not previously received an order of nondisclosure under this section, and a determination by the court that the person committed the offense solely as a victim of trafficking of persons and that issuance of the order 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 for which the defendant was placed on community supervision as described by Subsection (a).

(d)

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 after the persons conviction is set aside as described by Subsection (a).
Added by Acts 2015, 84th Leg., R.S., Ch. 1070 (H.B. 2286), Sec. 2.01, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 693 (H.B. 322), Sec. 5, eff. September 1, 2017.
Source
Last accessed
Aug. 22, 2019