Tex. Fam. Code Section 58.256
Application for Sealing Records


(a)

Notwithstanding Sections 58.253 (Sealing Records Without Application: Delinquent Conduct) and 58.255 (Sealing Records Without Application: Conduct Indicating Need for Supervision), a person may file an application for the sealing of records related to the person in the juvenile court served by the juvenile probation department to which the person was referred. The court may not charge a fee for filing the application, regardless of the form of the application.

(a-1)

An application filed under this section may be sent to the juvenile court by any reasonable method authorized under Rule 21, Texas Rules of Civil Procedure, including secure electronic means.

(b)

An application filed under this section must include either the following information or the reason that one or more of the following is not included in the application:

(1)

the person’s:

(A)

full name;

(B)

sex;

(C)

race or ethnicity;

(D)

date of birth;

(E)

driver’s license or identification card number; and

(F)

social security number;

(2)

the conduct for which the person was referred to the juvenile probation department, including the date on which the conduct was alleged or found to have been committed;

(3)

the cause number assigned to each petition relating to the person filed in juvenile court, if any, and the court in which the petition was filed; and

(4)

a list of all entities the person believes have possession of records related to the person, including the applicable entities listed under Section 58.258 (Order Sealing Records)(b).

(c)

Except as provided by Subsection (d), the juvenile court may order the sealing of records related to all matters for which the person was referred to the juvenile probation department if the person:

(1)

is at least 17 years of age, or is younger than 17 years of age and at least one year has elapsed after the date of final discharge in each matter for which the person was referred to the juvenile probation department;

(2)

does not have any delinquent conduct matters pending with any juvenile probation department or juvenile court;

(3)

was not transferred by a juvenile court to a criminal court for prosecution under Section 54.02 (Waiver of Jurisdiction and Discretionary Transfer to Criminal Court);

(4)

has not as an adult been convicted of a felony; and

(5)

does not have any pending charges as an adult for a felony or a misdemeanor punishable by confinement in jail.

(d)

A court may not order the sealing of the records of a person who:

(1)

received a determinate sentence for engaging in:

(A)

delinquent conduct that violated a penal law listed under Section 53.045 (Offenses Eligible for Determinate Sentence); or

(B)

habitual felony conduct as described by Section 51.031 (Habitual Felony Conduct);

(2)

is currently required to register as a sex offender under Chapter 62 (Sex Offender Registration Program), Code of Criminal Procedure; or

(3)

was committed to the Texas Juvenile Justice Department or to a post-adjudication secure correctional facility under Section 54.04011, unless the person has been discharged from the agency to which the person was committed.

(e)

On receipt of an application under this section, the court may:

(1)

order the sealing of the person’s records immediately, without a hearing; or

(2)

hold a hearing under Section 58.257 (Hearing Regarding Sealing of Records) at the court’s discretion to determine whether to order the sealing of the person’s records.
Added by Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 18, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 131 (H.B. 1760), Sec. 8, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 248 (H.B. 1401), Sec. 1, eff. September 1, 2021.

Source: Section 58.256 — Application for Sealing Records, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­58.­htm#58.­256 (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

§ 58.256’s source at texas​.gov