Recommendation 6: Texas Should Expunge or Seal the Records of Non-3G, Non-Habitual Ex-Offenders
  • Individuals with criminal records face obstacles in finding employment. The State should allow district courts to expunge all records and files relating to the arrest of a felon or misdemeanant if s/he is placed on deferred adjudication community supervision for that offense and the judge eventually discharges him/her and dismisses the proceedings.
 
  • A person’s sealed record should not be able to be considered by a private or public entity in employment matters except during licensed professional certification processes.  This employability enhancement would improve public safety by allowing former offenders – who might otherwise be forced to resort to criminal activity to find an income – to take personal responsibility and become tax-paying Texans.  
 
Note:This policy should exclude 3g offenses, which include murder, capital murder, indecency with a child, aggravated kidnapping, aggravated sexual assault, sexual assault, aggravated robbery, and certain serious drug and deadly weapon offenses. Furthermore, nondisclosure should not apply to law enforcement agencies, the Department of Corrections, State Attorneys, other prosecutors, and certain professional licensing boards.