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A BILL TO BE ENTITLED
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AN ACT
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relating to the sealing of juvenile records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 58.256(c), Family Code, is amended to |
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read as follows: |
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(c) Except as provided by Subsection (d), the juvenile court |
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may order the sealing of records related to all matters for which |
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the person was referred to the juvenile probation department if the |
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person: |
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(1) is: |
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(A) at least 17 [18] years of age; |
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(B) [, or is] younger than 17 [18] years of age |
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and at least one year has [two years have] elapsed after the date of |
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final discharge in each matter for which the person was referred to |
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the juvenile probation department; or |
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(C) any age, if the person was finally discharged |
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without adjudication in each matter for which the person was |
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referred to the juvenile probation department; |
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(2) does not have any delinquent conduct matters |
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pending with any juvenile probation department or juvenile court; |
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(3) was not transferred by a juvenile court to a |
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criminal court for prosecution under Section 54.02; |
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(4) has not as an adult been convicted of a felony; and |
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(5) does not have any pending charges as an adult for a |
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felony or a misdemeanor punishable by confinement in jail. |
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SECTION 2. Subchapter C-1, Chapter 58, Family Code, is |
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amended by adding Section 58.2555 to read as follows: |
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Sec. 58.2555. AUTOMATIC SEALING OF RECORDS. If the child is |
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referred to the juvenile court for one or more allegations of |
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delinquent conduct or conduct indicating a need for supervision and |
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each allegation is adjudicated and found by the court or jury to be |
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not true, the court shall immediately order the sealing of all files |
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and records relating to the allegations. |
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SECTION 3. The changes in law made by this Act apply to |
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records created before, on, or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |