§58.003. Records; Juvenile Justice Information System — Sealing Of Records

(a) Except as provided by Subsections (b) and (c), on the application of a person who has been found to have engaged in delinquent conduct or conduct indicating a need for supervision, or a person taken into custody to determine whether the person engaged in delinquent conduct or conduct indicating a need for supervision, on the juvenile court's own motion the court shall order the sealing of the records in the case if the court finds that:

(1) two years have elapsed since final discharge of the person or since the last official action in the person's case if there was no adjudication; and
(2) since the time specified in Subdivision (1), the person has not been convicted of a felony or a misdemeanor involving moral turpitude or found to have engaged in delinquent conduct or conduct indicating a need for supervision and no proceeding is pending seeking conviction or adjudication.

(b) A court may not order the sealing of the records of a person who has received a determinate sentence for engaging in delinquent conduct that violated a penal law listed in Section 53.045 or engaging in habitual felony conduct as described by Section 51.031.

(c) Subject to Subsection (b), a court may order the sealing of records concerning a person adjudicated as having engaged in delinquent conduct that violated a penal law of the grade of felony only if:

(1) the person is 19 years of age or older;
(2) the person was not transferred by a juvenile court under Section 54.02 to a criminal court for prosecution;
(3) the records have not been used as evidence in the punishment phase of a criminal proceeding under Section 3(a), Article 37.07, Code of Criminal Procedure; and
(4) the person has not been convicted of a penal law of the grade of felony after becoming age 17.

(c-1) Notwithstanding Subsections (a) and (c) and subject to Subsection (b), a juvenile court may order the sealing of records concerning a child adjudicated as having engaged in delinquent conduct or conduct indicating a need for supervision that violated a penal law of the grade of misdemeanor or felony if the child successfully completed a drug court program under Chapter 469, Health and Safety Code. The court may:

(1) order the sealing of the records immediately and without a hearing; or
(2) hold a hearing to determine whether to seal the records.

(c-2) If the court orders the sealing of a child's records under Subsection (c-1), a prosecuting attorney or juvenile probation department may maintain until the child's 17th birthday a separate record of the child's name and date of birth and the date the child successfully completed the drug court program. The prosecuting attorney or juvenile probation department, as applicable, shall send the record to the court as soon as practicable after the child's 17th birthday to be added to the child's other sealed records.

Text of subsection as added by Acts 2011, 82nd Leg., R.S., Ch. 1150, Sec. 2

(c-3) Notwithstanding Subsections (a) and (c) and subject to Subsection (b), a juvenile court, on the court's own motion and without a hearing, shall order the sealing of records concerning a child found to have engaged in conduct indicating a need for supervision described by Section 51.03(b)(7) or taken into custody to determine whether the child engaged in conduct indicating a need for supervision described by Section 51.03(b)(7). This subsection applies only to records related to conduct indicating a need for supervision described by Section 51.03(b)(7).

Text of subsection as added by Acts 2011, 82nd Leg., R.S., Ch. 1322, Sec. 19

(c-3) Notwithstanding Subsections (a) and (c) and subject to Subsection (b), a juvenile court may order the sealing of records concerning a child found to have engaged in conduct indicating a need for supervision that violates Section 43.261, Penal Code, or taken into custody to determine whether the child engaged in conduct indicating a need for supervision that violates Section 43.261, Penal Code, if the child attends and successfully completes an educational program described by Section 37.218, Education Code, or another equivalent educational program. The court may:

(1) order the sealing of the records immediately and without a hearing; or
(2) hold a hearing to determine whether to seal the records.

Text of subsection as added by Acts 2011, 82nd Leg., R.S., Ch. 1150, Sec. 2

(c-4) A prosecuting attorney or juvenile probation department may maintain until a child's 17th birthday a separate record of the child's name and date of birth and the date on which the child's records are sealed, if the child's records are sealed under Subsection (c-3). The prosecuting attorney or juvenile probation department, as applicable, shall send the record to the court as soon as practicable after the child's 17th birthday to be added to the child's other sealed records.

Text of subsection as added by Acts 2011, 82nd Leg., R.S., Ch. 1322, Sec. 19

(c-4) A prosecuting attorney or juvenile probation department may maintain until a child's 17th birthday a separate record of the child's name and date of birth and the date on which the child successfully completed the educational program, if the child's records are sealed under Subsection (c-3). The prosecuting attorney or juvenile probation department, as applicable, shall send the record to the court as soon as practicable after the child's 17th birthday to be added to the child's other sealed records.

Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 1150, Sec. 2

(d) The court may grant to a child the relief authorized in Subsection (a), (c-1), or (c-3) at any time after final discharge of the child or after the last official action in the case if there was no adjudication, subject, if applicable, to Subsection (e). If the child is referred to the juvenile court for conduct constituting any offense and at the adjudication hearing the child is found to be not guilty of each offense alleged, the court shall immediately and without any additional hearing order the sealing of all files and records relating to the case.

Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 1322, Sec. 19

(d) The court may grant the relief authorized in Subsection (a), (c-1), or (c-3) at any time after final discharge of the person or after the last official action in the case if there was no adjudication, subject, if applicable, to Subsection (e). If the child is referred to the juvenile court for conduct constituting any offense and at the adjudication hearing the child is found to be not guilty of each offense alleged, the court shall immediately and without any additional hearing order the sealing of all files and records relating to the case.

(e) The court shall hold a hearing before sealing a person's records under Subsection (a) or (c) unless the applicant waives the right to a hearing in writing and the court and the prosecuting attorney for the juvenile court consent. Reasonable notice of the hearing shall be given to:

(1) the person who made the application or who is the subject of the records named in the motion;
(2) the prosecuting attorney for the juvenile court;
(3) the authority granting the discharge if the final discharge was from an institution or from parole;
(4) the public or private agency or institution having custody of records named in the application or motion; and
(5) the law enforcement agency having custody of files or records named in the application or motion.

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.58.htm#58.003

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Note(s) Regarding This Legislation:

During the 82nd Legislature, HB 2015(2), SB 407(19), HB 961(3), and SB 653(3.008) amended Sec. 58.003.

Other Note(s):

Space does not permit reprinting the entire text of this statute; read the statute in its entirety for further information.