Texas Family Code

Sec. § 58.259
Actions Taken on Receipt of Order to Seal Records


(a)

An entity receiving an order to seal the records of a person issued under this subchapter shall, not later than the 61st day after the date of receiving the order, take the following actions, as applicable:

(1)

the Department of Public Safety shall:

(A)

limit access to the records relating to the person in the juvenile justice information system to only the Texas Juvenile Justice Department for the purpose of conducting research and statistical studies;

(B)

destroy any other records relating to the person in the department’s possession, including DNA records as provided by Section 411.151 (Expunction or Removal of Dna Records), Government Code; and

(C)

send written verification of the limitation and destruction of the records to the issuing court;

(2)

the Texas Juvenile Justice Department shall:

(A)

seal all records relating to the person, other than those exempted from sealing under Section 58.252 (Exempted Records); and

(B)

send written verification of the sealing of the records to the issuing court;

(3)

a public or private agency or institution that had custody of or provided supervision or services to the person who is the subject of the records, the juvenile probation department, a law enforcement entity, or a prosecuting attorney shall:

(A)

seal all records relating to the person; and

(B)

send written verification of the sealing of the records to the issuing court; and

(4)

any other entity that receives an order to seal a person’s records shall:

(A)

send any records relating to the person to the issuing court;

(B)

delete all index references to the person’s records; and

(C)

send written verification of the deletion of the index references to the issuing court.

(b)

Physical or electronic records are considered sealed if the records are not destroyed but are stored in a manner that allows access to the records only by the custodian of records for the entity possessing the records.

(c)

If an entity that received an order to seal records relating to a person later receives an inquiry about a person or the matter contained in the records, the entity must respond that no records relating to the person or the matter exist.

(d)

If an entity receiving an order to seal records under this subchapter is unable to comply with the order because the information in the order is incorrect or insufficient to allow the entity to identify the records that are subject to the order, the entity shall notify the issuing court not later than the 30th day after the date of receipt of the order. The court shall take any actions necessary and possible to provide the needed information to the entity, including contacting the person who is the subject of the order or the person’s attorney.

(e)

If an entity receiving a sealing order under this subchapter has no records related to the person who is the subject of the order, the entity shall provide written verification of that fact to the issuing court not later than the 30th day after the date of receipt of the order.
Added by Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 18, eff. September 1, 2017.
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Last accessed
Jun. 7, 2021