Governor Perry's idea of a hazard to public safety.

Sorry for the delay between posts. You can insert all the usual reasons i.e. busy, vacations, lazy or held hostage etc. Anyway, I am back and I have a question for you. What does Gov. Rick Perry consider a "hazard to public safety"? Answer: Wrongfully arrested citizens having the records of their wrongful arrest removed from their record. Yep, that is not a misprint or exaggeration.

The Texas Legislature passed, without a single vote in opposition, a bill that would have allowed Texas citizens who were arrested and their case dismissed without conviction or any kind of probation, to have the record of their arrest expunged immediately. Keep in mind, a prosecutor would have looked at the case and said that it should be dismissed. No prosecution, no hearing, no getting off on "some technicality" we lawyers call the Constitution. This could be arrested wrong person, prosecuting witness lied and recanted their story etc. So both sides agree that the case should be dismissed. So with that said, how is it that being forced to carry around on your record, usually for two years at least, with all the explanations that will have to be made every time you apply for a job or credit, making the public of Texas more safe. Safe from what?

The Governor must know something all of the rest of us don't so I will let him try to explain. Here is what he said,

TO ALL TO WHOM THESE PRESENTS SHALL COME:
Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 3481 of the 81st Texas Legislature, Regular Session, due to the following objections:
House Bill No.. 3481 would authorize the expunction of criminal records, including law enforcement case files, 180 days after an arrest if no formal misdemeanor or felony charges have been filed. Current statutory provisions require that the statute of limitations for the particular offense, usually at least two years, expire before criminal records may be destroyed, including in cases involving misdemeanor offenses. Current law provides that an individual is entitled to copies of their expunged records after the statute of limitations has expired. A prosecutor may contest the expunction by proving reasonable cause that the person will be charged, leading the prosecutor to reveal details of the investigation prior to its completion. Expunction statutes should not be used as a means of discovery or as a means to force a prosecutor to rush to file formal charges prematurely. Allowing a person to know the identities of witnesses or the nature of their evidence unnecessarily endangers both law enforcement and citizen witnesses prior to an indictment for murder, organized crime, sexual assaults and other serious offenses. House Bill No. 3481 precipitates an untenable injustice to victims and a hazard to public safety.
IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this the 19th day of June, 2009.
RICK PERRY
Governor of Texas

Perhaps the Governor is not aware that Tampering with a State witness is already a felony and Organized Crime is likewise a crime that covers the Governor's concern. So if you are wrongfully arrested and all sides agree to dismiss the case, remember you are too great a threat to the citizens of Texas to have that mistake removed from your record. For all of us you must carry that around with you until the statute of limitations expires on your wrongful arrest. As you deal with the problems that arise, take heart that you are making us all safer according to your Governor. I understand he is running again.