§ 58.258 — ORDER SEALING RECORDS.

Texas § 58.258

• Jurisdiction: Texas
• Code FA: Family Code

Text

Sec. 58.258. ORDER SEALING RECORDS. (a) An order sealing the records of a person under this subchapter must include either the following information or the reason one or more of the following is not included in the order:
(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) each instance of conduct indicating a need for supervision or delinquent conduct alleged against the person or for which the person was referred to the juvenile justice system;
(3) the date on which and the county in which each instance of conduct was alleged to have occurred;
(4) if any petitions relating to the person were filed in juvenile court, the cause number assigned to each petition and the court and county in which each petition was filed; and
(5) a list of the entities believed to be in possession of the records that have been ordered sealed, including the entities listed under Subsection (b).
(b) Not later than the 60th day after the date of the entry of the order, the court shall provide a copy of the order to:
(1) the Department of Public Safety;
(2) the Texas Juvenile Justice Department, if the person was committed to the department;
(3) the clerk of court;
(4) the juvenile probation department serving the court;
(5) the prosecutor's office;
(6) each law enforcement agency that had contact with the person in relation to the conduct that is the subject of the sealing order;
(7) each public or private agency that had custody of or that provided supervision or services to the person in relation to the conduct that is the subject of the sealing order; and
(8) each official, agency, or other entity that the court has reason to believe has any record containing information that is related to the conduct that is the subject of the sealing order.
(c) On entry of the order, all adjudications relating to the person are vacated and the proceedings are dismissed and treated for all purposes as though the proceedings had never occurred. The clerk of court shall:
(1) seal all court records relating to the proceedings, including any records created in the clerk's case management system; and
(2) send copies of the order to all entities listed in the order by any reasonable method, including certified mail or secure electronic means.

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. 9, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 248 (H.B. 1401 ), Sec. 2, eff. September 1, 2021.