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A BILL TO BE ENTITLED
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AN ACT
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relating to the expunction of records and files related to certain |
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conduct or offenses committed by a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter C-1, Chapter 58, |
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Family Code, is amended to read as follows: |
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SUBCHAPTER C-1. SEALING, EXPUNCTION, AND DESTRUCTION OF JUVENILE |
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RECORDS |
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SECTION 2. Subchapter C-1, Chapter 58, Family Code, is |
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amended by adding Section 58.2645 to read as follows: |
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Sec. 58.2645. EXPUNCTION OF CERTAIN RECORDS. (a) |
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Notwithstanding any other law, a person who was adjudicated by a |
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juvenile court for conduct constituting a misdemeanor may on or |
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after the person's 18th birthday apply to the juvenile court to have |
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the adjudication expunged. |
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(b) Not later than the 30th day after the date a juvenile |
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court receives an application for expunction under Subsection (a), |
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the juvenile court shall issue an order of expunction. |
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(c) The Texas Juvenile Justice Department by rule shall |
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establish the application process for expunction under this |
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section. |
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SECTION 3. Section 58.265, Family Code, is amended to read |
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as follows: |
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Sec. 58.265. JUVENILE RECORDS NOT SUBJECT TO EXPUNCTION. |
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Except as provided by Section 58.2645, records [Records] to which |
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this chapter applies are not subject to an order of expunction |
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issued by any court. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the Texas Juvenile Justice Department shall establish |
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the application process described by Section 58.2645, Family Code, |
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as added by this Act. |
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SECTION 5. The changes in law made by this Act apply to the |
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expunction of records and files relating to a criminal offense or |
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conduct constituting a criminal offense regardless of whether the |
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offense occurred before, on, or after the effective date of this |
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Act. |
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SECTION 6. This Act takes effect September 1, 2023. |