Texas Family Code - Section 58.0071. Destruction Of Certain Physical Records And Files

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 58.0071. Destruction Of Certain Physical Records And Files

§ 58.0071. DESTRUCTION OF CERTAIN PHYSICAL RECORDS AND 
FILES.  (a) In this section:
		(1)  "Juvenile case" means:                                                   
			(A)  a referral for conduct indicating a need for 
supervision or delinquent conduct;  or
			(B)  if a petition was filed, all charges made in 
the petition.            
		(2)  "Physical records and files" include entries in a 
computer file or information on microfilm, microfiche, or any other 
electronic storage media.
	(b)  The custodian of physical records and files in a 
juvenile case may destroy the records and files if the custodian 
duplicates the information in the records and files in a computer 
file or information on microfilm, microfiche, or any other 
electronic storage media.
	(c)  The following persons may authorize, subject to 
Subsections (d) and (e) and any other restriction the person may 
impose, the destruction of the physical records and files relating 
to a closed juvenile case:
		(1)  a juvenile board in relation to the records and 
files in the possession of the juvenile probation department;
		(2)  the head of a law enforcement agency in relation to 
the records and files in the possession of the agency;  and
		(3)  a prosecuting attorney in relation to the records 
and files in the possession of the prosecuting attorney's office.
	(d)  The physical records and files of a juvenile case may 
only be destroyed if the child who is the respondent in the case:
		(1)  is at least 18 years of age and:                                         
			(A)  the most serious allegation adjudicated was 
conduct indicating a need for supervision;
			(B)  the most serious allegation was conduct 
indicating a need for supervision and there was not an 
adjudication;  or
			(C)  the referral or information did not relate to 
conduct indicating a need for supervision or delinquent conduct and 
the juvenile court or the court's staff did not take action on the 
referral or information for that reason;
		(2)  is at least 21 years of age and:                                         
			(A)  the most serious allegation adjudicated was 
delinquent conduct that violated a penal law of the grade of 
misdemeanor;  or
			(B)  the most serious allegation was delinquent 
conduct that violated a penal law of the grade of misdemeanor or 
felony and there was not an adjudication;  or
		(3)  is at least 31 years of age and the most serious 
allegation adjudicated was delinquent conduct that violated a penal 
law of the grade of felony.
	(e)  If a record or file contains information relating to 
more than one juvenile case, information relating to each case may 
only be destroyed if:
		(1)  the destruction of the information is authorized 
under this section;  and
		(2)  the information can be separated from information 
that is not authorized to be destroyed under this section.
	(f)  This section does not affect the destruction of physical 
records and files authorized by the Texas State Library Records 
Retention Schedule.

Added by Acts 2001, 77th Leg., ch. 1297, § 38, eff. Sept. 1, 
2001.       

Texas Lawyers

• Doug Goyen Dallas - Fort Worth Injury Lawyer.
• Wigington Rumley Houston Injury Lawyer.
• JT Borah Denton Divorce Lawyer.
• Helbing Firm Dallas Business Attorney.
• Hersh Law Firm Dallas Employment Lawyer.
• Nancy Kennedy Dallas Criminal Defense Lawyer.
• John O. Kain Houston Mediator.
• Forman Law Firm Texas Securities Lawyer.
• Francisco G. Medina Houston Personal Injury Lawyer.
• Anderson & Jones Dallas Business Attorney.
• Derk A. Wadas Dallas Criminal Defense Attorney.
• J. Michael Clay San Antonio Family Lawyer.

Last modified: August 10, 2007