Tex. Fam. Code Section 58.262
Information Given to Child Regarding Sealing of Records


(a)

When a child is referred to the juvenile probation department, an employee of the juvenile probation department shall give the child and the child’s parent, guardian, or custodian a written explanation describing the process of sealing records under this subchapter and a copy of this subchapter.

(b)

On the final discharge of a child, or on the last official action in the matter if there is no adjudication, a probation officer or official at the Texas Juvenile Justice Department, as appropriate, shall give the child and the child’s parent, guardian, or custodian a written explanation regarding the eligibility of the child’s records for sealing under this subchapter and a copy of this subchapter.

(c)

The written explanation provided to a child under Subsections (a) and (b) must include the requirements for a record to be eligible for sealing, including an explanation of the records that are exempt from sealing under Section 58.252 (Exempted Records), and the following information:

(1)

that, regardless of whether the child’s conduct was adjudicated, the child has a juvenile record with the Department of Public Safety and the Federal Bureau of Investigation;

(2)

the child’s juvenile record is a permanent record unless the record is sealed under this subchapter;

(3)

except as provided by Section 58.260 (Inspection and Release of Sealed Records), the child’s juvenile record, other than treatment records made confidential by law, may be accessed by a police officer, sheriff, prosecutor, probation officer, correctional officer, or other criminal or juvenile justice official unless the record is sealed as provided by this subchapter;

(4)

sealing of the child’s records under Section 58.253 (Sealing Records Without Application: Delinquent Conduct) or Section 58.255 (Sealing Records Without Application: Conduct Indicating Need for Supervision), as applicable, does not require any action by the child or the child’s family, including the filing of an application or hiring of a lawyer, but occurs automatically at age 18 or 19 as applicable based on the child’s referral and adjudication history;

(5)

the child’s juvenile record may be eligible for an earlier sealing date under Section 58.256 (Application for Sealing Records), but an earlier sealing requires the child or an attorney for the child to file an application with the court;

(6)

the impact of sealing records on the child; and

(7)

the circumstances under which a sealed record may be reopened.

(d)

The Texas Juvenile Justice Department shall adopt rules to implement this section and to facilitate the effective explanation of the information required to be communicated by this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 18, eff. September 1, 2017.

Source: Section 58.262 — Information Given to Child Regarding Sealing of Records, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­58.­htm#58.­262 (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

§ 58.262’s source at texas​.gov