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HB 263 would amend the chapter entitled “Records; Juvenile Justice Information System” within the Family Code to state that sealing of records would happen immediately by the court if certain requirements were fulfilled. This bill would allow multiple provisions for having a record sealed. Currently, if two years have elapsed since final discharge or since the last official action in the person’s case if there was no adjudication and there was no more felony or misdemeanor convictions a record could be sealed by the court. This bill would expand that by allowing a person who is 17 years of age or older to have their records sealed if the person has been finally discharged or the last official action in the person’s case has occurred if there was no adjudication. This bill would allow the prosecuting to object to the sealing records if they find that the defendant has engaged in delinquent conduct.
This bill would require the court to notify if a person meets the requirements to have their records sealed.
HB 263 preserves the individual liberty of defendants by allowing them to keep their records sealed in certain cases and to have the courts immediately seal records without delay. This prevents people from unduly suffering the long term negative consequences of a criminal record long after the fact and after they have complied with related requirements of the justice system. This supports both individual liberty and limited government.