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House Bill 2386 |
House Author: Castro et al. |
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Effective: 9-1-09 |
Senate Sponsor: Uresti |
House Bill 2386 amends the Family Code to authorize a juvenile court to order the records of a child adjudicated as having engaged in misdemeanor or felony conduct sealed if the child successfully completes a drug court program, unless the child is considered a violent or habitual offender. The court may order the sealing of the records immediately and without a hearing or hold a hearing to determine whether to seal the records. A prosecuting attorney or juvenile probation department may maintain a separate record of the child's name, date of birth, and the date the child completed the drug court program. The separate record must be added to the child's other sealed records as soon as practicable after the child's 17th birthday. The bill modifies provisions on the sealing of a juvenile record under certain other circumstances to allow the applicant to waive the right to a hearing before the sealing of the court record if the court and prosecuting attorney consent to the waiver.