Tex. Fam. Code Section 58.258
Order Sealing Records


(a)

An order sealing the records of a person under this subchapter must include either the following information or the reason one or more of the following is not included in the order:

(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)

each instance of conduct indicating a need for supervision or delinquent conduct alleged against the person or for which the person was referred to the juvenile justice system;

(3)

the date on which and the county in which each instance of conduct was alleged to have occurred;

(4)

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

(5)

a list of the entities believed to be in possession of the records that have been ordered sealed, including the entities listed under Subsection (b).

(b)

Not later than the 60th day after the date of the entry of the order, the court shall provide a copy of the order to:

(1)

the Department of Public Safety;

(2)

the Texas Juvenile Justice Department, if the person was committed to the department;

(3)

the clerk of court;

(4)

the juvenile probation department serving the court;

(5)

the prosecutor’s office;

(6)

each law enforcement agency that had contact with the person in relation to the conduct that is the subject of the sealing order;

(7)

each public or private agency that had custody of or that provided supervision or services to the person in relation to the conduct that is the subject of the sealing order; and

(8)

each official, agency, or other entity that the court has reason to believe has any record containing information that is related to the conduct that is the subject of the sealing order.

(c)

On entry of the order, all adjudications relating to the person are vacated and the proceedings are dismissed and treated for all purposes as though the proceedings had never occurred. The clerk of court shall:

(1)

seal all court records relating to the proceedings, including any records created in the clerk’s case management system; and

(2)

send copies of the order to all entities listed in the order by any reasonable method, including certified mail or secure electronic means.
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. 9, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 248 (H.B. 1401), Sec. 2, eff. September 1, 2021.

Source: Section 58.258 — Order Sealing Records, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­58.­htm#58.­258 (accessed Apr. 13, 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:
Apr. 13, 2024

§ 58.258’s source at texas​.gov