New bill would offer a ‘second chance’ to first-time offenders

Low-level criminal records wouldn’t be made public

AUSTIN — Some firsttime offenders with lowlevel criminal records may soon be able to shield their rap sheets from public disclosure, under a bipartisan bill approved by a key Texas Senate committee Tuesday.

The Senate Committee on Criminal Justice voted 6-1 to send House Bill 3016 to the full chamber, where a vote could come as early as this week. The Texas House already approved the legislation, authored by Democratic Rep. Senfronia Thompson of Houston, in a 140-4 vote earlier this month.

HB 3016, dubbed the “Second Chances Bill,” would allow people convicted of one low-level offense — which may include a DWI with a blood alcohol level under 0.14 or nonviolent Class C misdemeanors — to request an order of nondisclosure from a court after they pay restitution and serve their sentence. Generally, such an order would seal their criminal records from public view, but the bill allows law enforcement agencies and a few others to view the records when necessary.

According to the bill, a DWI offender would not qualify for the nondisclosure option if they had a prior DWI conviction, had a blood alcohol level above 0.14, have not fully paid court fines, or if they struck a pedestrian or a vehicle with someone inside.

Calling it “a limited expansion” of existing state law, Republican Sen. Bryan Hughes of Mineola said HB 3016 would afford employment and other opportunities to those who made a mistake and paid their dues to society. He added that the bill would give the trial court judge complete discretion regarding whether someone should receive a nondisclosure order, even if they meet the bill’s requirements. A prosecutor can object to the offender’s plea for nondisclosure, too.

“It does a little bit more than what’s already working without going too far,” Hughes said. “We’re taking a little step toward giving people a second chance who have proven they are not going to mess up again.”

The bill has won support from liberal, conservative and nonpartisan groups, as well as police and faithbased organizations.

“HB 3016 strikes a delicate balance between the needs of law enforcement to properly utilize criminal records, while still allowing certain first-time offenders a second chance once they prove to be contributing members of society,” said Greg Glod, a policy analyst at the right-leaning Texas Public Policy Foundation.

Last session, Gov. Greg Abbott signed a similar so-called “second chances” bill that applied only to nonviolent and non-sexual Class A and Class B misdemeanors.