Supporting Legislation to Benefit Specialty Court Grads

In 2021, Justice Forward launched a new program for our Specialty Court graduates called Clear Path Forward. The

brainchild of our Chair, Deborah Keyser, this program pays attorneys’ fees and filing fees for graduates who want to clean up their criminal histories. Texas has a law that allows those who complete a type of probation called deferred adjudication to file a petition for nondisclosure to “hide” that case from everyone except law enforcement and licensing agencies. There are three primary qualifications: 

●     You can’t have any homicide or sex offense on your record

●     Your case cannot involve family violence

●     You cannot have an arrest of any kind during the waiting period.

This law stemmed from the recognition that criminal histories can be barriers to employment and housing.

                       Since the program’s inception, we have helped 25 Specialty Court graduates file petitions for nondisclosure. From working with clients across different types of Specialty Courts, we noticed that the waiting period differed. For example, Felony Mental Health Court graduates must wait five years before becoming eligible, while the Drug Courts and Felony Veterans Treatment Court have a waiting period of two years.

                       We approached State Representative Ann Johnson with a request to write a bill that would make the waiting period the same for all adult felony Specialty Courts. After she agreed, we communicated with her team up to the beginning of the session, and Rep. Johnson filed the measure as House Bill 252.

                       Early last week, I received a phone call from Rep. Johnson’s Chief of Staff asking me to testify in front of the House Corrections Committee to support the bill. Of course, I agreed and made plans to travel to Austin. I was expecting Representative Johnson to propose that the waiting period be two years across the board for all Specialty Court graduates. I was delighted when she told me we should “go for it” and propose eliminating the waiting period in her bill! If House Bill 252 passes and the Governor signs it, Specialty Court graduates can immediately seek petitions for nondisclosure for their most recent case.

                       As I told the committee, this would be a game-changer for our clients. This bill will give them a better shot at a wider variety of better-quality jobs and housing. After all, having Specialty Court graduates employed and housed is best for our community.