SB958

SB958 expands the offenses for which qualifying trafficking or compelled-prostitution victims can seek a court order restricting public access to their criminal records. The route covers convictions and deferred-adjudication community supervision. Newly expanded eligibility includes misdemeanors under Subchapter D of the Texas Controlled Substances Act and misdemeanor criminal trespass, theft, tampering with a governmental record and public intoxication. Previously the drug categories were limited to specified low-level marijuana delivery/possession offenses and theft to specified Class C/B provisions. Prostitution under Penal Code 43.02 remains eligible as a separate category, without the misdemeanor-only restriction that applies to the other listed categories. Revised section 411.0728(a)(1); Previous offense list and retained process; Prostitution grades.

This is not automatic record clearing. The retained law requires the court to find the offense was committed solely as a victim of trafficking, continuous trafficking or compelling prostitution, and that nondisclosure is in the best interest of justice. If investigators or prosecutors requested assistance, the applicant must have helped or have been unable to help because of age or a physical/mental disability resulting from victimization. Specified criminal-history and family-violence disqualifications still apply. Retained assistance condition; Victim nexus, petition and court findings; Disqualifications in subsection (b).

The existing waiting period remains: a petition may be filed only on or after the first anniversary of completing the sentence—including confinement and payment of fines, costs and restitution—or receiving dismissal/discharge after deferred adjudication. A written petition must allege specific supporting facts. The state receives notice and an opportunity for a hearing; repeat applicants must satisfy the rule against another listed offense on or after their first petition. Nondisclosure restricts public access but does not erase the record or bar every authorized criminal-justice, licensing or other statutory disclosure. Retained procedure and waiting period; Court disclosure limits; Authorized agency access.

The bill was signed May 30, 2025 and took effect September 1, 2025. It changes eligibility subsection (a), not the remaining court process. History; Final two-section act.