§ 58.256 — APPLICATION FOR SEALING RECORDS.

Texas § 58.256

• Jurisdiction: Texas
• Code FA: Family Code

Text

Sec. 58.256. APPLICATION FOR SEALING RECORDS. (a) Notwithstanding Sections 58.253 and 58.255 , a person may file an application for the sealing of records related to the person in the juvenile court served by the juvenile probation department to which the person was referred. The court may not charge a fee for filing the application, regardless of the form of the application.
(a-1) An application filed under this section may be sent to the juvenile court by any reasonable method authorized under Rule 21, Texas Rules of Civil Procedure, including secure electronic means.
(b) An application filed under this section must include either the following information or the reason that one or more of the following is not included in the application:
(1) the person's:
(A) full name;
(B) sex;
(C) race or ethnicity;
(D) date of birth;
(E) driver's license or identification card number; and
(F) social security number;
(2) the conduct for which the person was referred to the juvenile probation department, including the date on which the conduct was alleged or found to have been committed;
(3) the cause number assigned to each petition relating to the person filed in juvenile court, if any, and the court in which the petition was filed; and
(4) a list of all entities the person believes have possession of records related to the person, including the applicable entities listed under Section 58.258 (b).
(c) Except as provided by Subsection (d), the juvenile court may order the sealing of records related to all matters for which the person was referred to the juvenile probation department if the person:
(1) is at least 17 years of age, or is younger than 17 years of age and at least one year has elapsed after the date of final discharge in each matter for which the person was referred to the juvenile probation department;
(2) does not have any delinquent conduct matters pending with any juvenile probation department or juvenile court;
(3) was not transferred by a juvenile court to a criminal court for prosecution under Section 54.02 ;
(4) has not as an adult been convicted of a felony; and
(5) does not have any pending charges as an adult for a felony or a misdemeanor punishable by confinement in jail.
(d) A court may not order the sealing of the records of a person who:
(1) received a determinate sentence for engaging in:
(A) delinquent conduct that violated a penal law listed under Section 53.045 ; or
(B) habitual felony conduct as described by Section 51.031 ;
(2) is currently required to register as a sex offender under Chapter 62 , Code of Criminal Procedure; or
(3) was committed to the Texas Juvenile Justice Department or to a post-adjudication secure correctional facility under Section 54.04011, unless the person has been discharged from the agency to which the person was committed.
(e) On receipt of an application under this section, the court may:
(1) order the sealing of the person's records immediately, without a hearing; or
(2) hold a hearing under Section 58.257 at the court's discretion to determine whether to order the sealing of the person's records.

Legislative History

Added by Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304 ), Sec. 18, eff. September 1, 2017. Amended by: Acts 2019, 86th Leg., R.S., Ch. 131 (H.B. 1760 ), Sec. 8, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 248 (H.B. 1401 ), Sec. 1, eff. September 1, 2021.