Tex. Fam. Code Section 58.263
Destruction of Records: No Probable Cause

The court shall order the destruction of the records relating to the conduct for which a child is taken into custody or referred to juvenile court without being taken into custody, including records contained in the juvenile justice information system, if:

(1)

a determination is made under Section 53.01 (Preliminary Investigation and Determinations; Notice to Parents) that no probable cause exists to believe the child engaged in the conduct and the case is not referred to a prosecutor for review under Section 53.012 (Review by Prosecutor); or

(2)

a determination that no probable cause exists to believe the child engaged in the conduct is made by a prosecutor under Section 53.012 (Review by Prosecutor).
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. 10, eff. September 1, 2019.

Source: Section 58.263 — Destruction of Records: No Probable Cause, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­58.­htm#58.­263 (accessed Jun. 5, 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
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 58.263’s source at texas​.gov