This section lets a child apply to seal truant-conduct records after turning 18, requires the truancy court to seal them once the child has complied with court remedies, and limits later access and disclosure.
Sec. 65.201. SEALING OF RECORDS. (a) A child who has been found to have engaged in truant conduct may apply, on or after the child's 18th birthday, to the truancy court that made the finding to seal the records relating to the allegation and finding of truant conduct held by: (1) the court; (2) the truant conduct prosecutor; and (3) the school district. (b) The application must include the following information or an explanation of why one or more of the following is not included: (1) the child'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) the dates on which the truant conduct was alleged to have occurred; and (3) if known, the cause number assigned to the petition and the court and county in which the petition was filed. (c) The truancy court shall order that the records be sealed after determining the child complied with the remedies ordered by the court in the case. (d) All index references to the records of the truancy court that are ordered sealed shall be deleted not later than the 30th day after the date of the sealing order. (e) A truancy court, clerk of the court, truant conduct prosecutor, or school district shall reply to a request for information concerning a child's sealed truant conduct case that no record exists with respect to the child. (f) Inspection of the sealed records may be permitted by an order of the truancy court on the petition of the person who is the subject of the records and only by those persons named in the order. (g) A person whose records have been sealed under this section is not required in any proceeding or in any application for employment, information, or licensing to state that the person has been the subject of a proceeding under this chapter. Any statement that the person has never been found to have engaged in truant conduct may not be held against the person in any criminal or civil proceeding. (h) On or after the fifth anniversary of a child's 16th birthday, on the motion of the child or on the truancy court's own motion, the truancy court may order the destruction of the child's records that have been sealed under this section if the child has not been convicted of a felony. Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.