88R12955 MCF-D
By: Miles S.B. No. 1533
A BILL TO BE ENTITLED
AN ACT
relating to the expunction of records and files related to certain
conduct or offenses committed by a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter C-1, Chapter 58,
Family Code, is amended to read as follows:
SUBCHAPTER C-1. SEALING, EXPUNCTION, AND DESTRUCTION OF JUVENILE
RECORDS
SECTION 2. Subchapter C-1, Chapter 58, Family Code, is
amended by adding Section 58.2645 to read as follows:
Sec. 58.2645. EXPUNCTION OF CERTAIN RECORDS. (a)
Notwithstanding any other law, a person who was adjudicated by a
juvenile court for conduct constituting a misdemeanor may on or
after the person's 18th birthday apply to the juvenile court to have
the adjudication expunged.
(b) Not later than the 30th day after the date a juvenile
court receives an application for expunction under Subsection (a),
the juvenile court shall issue an order of expunction.
(c) The Texas Juvenile Justice Department by rule shall
establish the application process for expunction under this
section.
SECTION 3. Section 58.265, Family Code, is amended to read
as follows:
Sec. 58.265. JUVENILE RECORDS NOT SUBJECT TO EXPUNCTION.
Except as provided by Section 58.2645, records [Records] to which
this chapter applies are not subject to an order of expunction
issued by any court.
SECTION 4. As soon as practicable after the effective date
of this Act, the Texas Juvenile Justice Department shall establish
the application process described by Section 58.2645, Family Code,
as added by this Act.
SECTION 5. The changes in law made by this Act apply to the
expunction of records and files relating to a criminal offense or
conduct constituting a criminal offense regardless of whether the
offense occurred before, on, or after the effective date of this
Act.
SECTION 6. This Act takes effect September 1, 2023.