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A BILL TO BE ENTITLED
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AN ACT
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relating to the age at which juvenile records may be sealed. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 58.003(a) and (d), Family Code, are |
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amended to read as follows: |
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(a) Except as provided by Subsections (b) and (c), on the |
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application of a person who has been found to have engaged in |
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delinquent conduct or conduct indicating a need for supervision, or |
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a person taken into custody to determine whether the person engaged |
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in delinquent conduct or conduct indicating a need for supervision, |
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on the juvenile court's own motion the court shall order the sealing |
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of the records in the case if the court finds that: |
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(1) the person is 17 years of age or older; |
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(2) two years have elapsed since final discharge of the |
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person or since the last official action in the person's case if |
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there was no adjudication; and |
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(3) [(2)] since the time specified in Subdivision (2) |
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[(1)], the person has not been convicted of a felony or a |
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misdemeanor involving moral turpitude or found to have engaged in |
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delinquent conduct or conduct indicating a need for supervision and |
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no proceeding is pending seeking conviction or adjudication. |
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(d) The court may grant the relief authorized in Subsection |
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(a) at any time after the requirements of that subsection have been |
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met [final discharge of the person or after the last official action
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in the case if there was no adjudication]. If the child is referred |
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to the juvenile court for conduct constituting any offense and at |
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the adjudication hearing the child is found to be not guilty of each |
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offense alleged, the court shall immediately order the sealing of |
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all files and records relating to the case, without regard to the |
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age of the child. |
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SECTION 2. This Act takes effect September 1, 2007. |