Tex. Fam. Code Section 58.254
Certification of Eligibility for Sealing Records Without Application for Delinquent Conduct


(a)

The Department of Public Safety shall certify to a juvenile probation department that has submitted records to the juvenile justice information system that the records relating to a person referred to the juvenile probation department appear to be eligible for sealing under Section 58.253 (Sealing Records Without Application: Delinquent Conduct).

(b)

The Department of Public Safety may issue the certification described by Subsection (a) by electronic means, including by electronic mail.

(c)

Except as provided by Subsection (d), not later than the 60th day after the date the juvenile probation department receives a certification under Subsection (a), the juvenile probation department shall:

(1)

give notice of the receipt of the certification to the juvenile court; and

(2)

provide the court with a list of all referrals received by the department relating to that person and the outcome of each referral.

(d)

If a juvenile probation department has reason to believe the records of the person for whom the department received a certification under Subsection (a) are not eligible to be sealed, the juvenile probation department shall notify the Department of Public Safety not later than the 15th day after the date the juvenile probation department received the certification. If the juvenile probation department later determines that the person’s records are eligible to be sealed, the juvenile probation department shall notify the juvenile court and provide the court the information described by Subsection (c) not later than the 30th day after the date of the determination.

(e)

If, after receiving a certification under Subsection (a), the juvenile probation department determines that the person’s records are not eligible to be sealed, the juvenile probation department and the Department of Public Safety shall update the juvenile justice information system to reflect that determination and no further action related to the records is required.

(f)

Not later than the 60th day after the date a juvenile court receives notice from a juvenile probation department under Subsection (c), the juvenile court shall issue an order sealing all records relating to the person named in the certification.
Added by Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 18, eff. September 1, 2017.

Source: Section 58.254 — Certification of Eligibility for Sealing Records Without Application for Delinquent Conduct, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­58.­htm#58.­254 (accessed Mar. 23, 2024).

58.001
Law Enforcement Collection and Transmittal of Records of Children
58.002
Photographs and Fingerprints of Children
58.004
Redaction of Victim’s Personally Identifiable Information
58.005
Confidentiality of Facility Records
58.007
Confidentiality of Probation Department, Prosecutor, and Court Records
58.008
Confidentiality of Law Enforcement Records
58.009
Dissemination of Juvenile Justice Information by the Texas Juvenile Justice Department
58.0021
Fingerprints or Photographs for Comparison in Investigation
58.0022
Fingerprints or Photographs to Identify Runaways
58.0051
Interagency Sharing of Educational Records
58.0052
Interagency Sharing of Certain Noneducational Records
58.101
Definitions
58.102
Juvenile Justice Information System
58.103
Purpose of System
58.104
Types of Information Collected
58.105
Duties of Juvenile Board
58.106
Dissemination of Confidential Information in Juvenile Justice Information System
58.107
Compatibility of Data
58.108
Duties of Agencies and Courts
58.109
Uniform Incident Fingerprint Card
58.110
Reporting
58.111
Local Data Advisory Boards
58.113
Warrants
58.251
Definitions
58.252
Exempted Records
58.253
Sealing Records Without Application: Delinquent Conduct
58.254
Certification of Eligibility for Sealing Records Without Application for Delinquent Conduct
58.255
Sealing Records Without Application: Conduct Indicating Need for Supervision
58.256
Application for Sealing Records
58.257
Hearing Regarding Sealing of Records
58.258
Order Sealing Records
58.259
Actions Taken on Receipt of Order to Seal Records
58.260
Inspection and Release of Sealed Records
58.261
Effect of Sealing Records
58.262
Information Given to Child Regarding Sealing of Records
58.263
Destruction of Records: No Probable Cause
58.264
Permissible Destruction of Records
58.265
Juvenile Records Not Subject to Expunction
58.301
Definitions
58.302
Purposes of System
58.303
Local Juvenile Justice Information System
58.304
Types of Information Contained in a Local Juvenile Information System
58.305
Partner Agencies
58.306
Access to Information
58.307
Confidentiality of Information
58.351
Applicability
58.352
Information Posted on County Website
58.353
Confidentiality
58.401
Definitions
58.402
Purposes of System
58.403
Juvenile Information System
58.404
Information Collected by Department
58.405
Authority Cumulative
58.2551
Sealing Records Without Application: Finding of Not True

Accessed:
Mar. 23, 2024

§ 58.254’s source at texas​.gov