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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.
(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.
Effective September 1, 2019.
Sec. 58.257. Hearing Regarding Sealing of Records.
(a) A hearing regarding the sealing of a person’s records must be held not later than the 60th day after the date the court receives the person’s application under Section 58.256.
(b) The court shall give reasonable notice of a hearing under this section to:
(1) the person who is the subject of the records;
(2) the person’s attorney who made the application for sealing on behalf of the person, if any;
(3) the prosecuting attorney for the juvenile court;
(4) all entities named in the application that the person believes possess eligible records related to the person; and
(5) any individual or entity whose presence at the hearing is requested by the person or prosecutor.
Effective September 1, 2017
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, regular mail, or e-mail.
Effective September 1, 2019
Sec. 58.261. Effect of Sealing Records.'
(a) A person whose records have been sealed under this subchapter or under Section 58.003, as that law existed before September 1, 2017, is not required to state in any proceeding or in any application for employment, licensing, admission, housing, or other public or private benefit that the person has been the subject of a juvenile matter.
(b) If a person’s records have been sealed, the information in the records, the fact that the records once existed, or the person’s denial of the existence of the records or of the person’s involvement in a juvenile matter may not be used against the person in any manner, including in:
(1) a perjury prosecution or other criminal proceeding;
(2) a civil proceeding, including an administrative proceeding involving a governmental entity;
(3) an application process for licensing or certification; or
(4) an admission, employment, or housing decision.
(c) A person who is the subject of the sealed records may not waive the protected status of the records or the consequences of the protected status.
Effective September 1, 2017
