88R11443 MCF-D     By: Miles S.B. No. 1492       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.  Title 1, Code of Criminal Procedure, is amended   by adding Chapter 55A to read as follows:   CHAPTER 55A.  JUVENILE EXPUNCTION PROGRAM          Art. 55A.001.  APPLICABILITY. This chapter applies only to   a person who:                (1)  was convicted for an offense that is a state jail   felony or a felony of the third degree other than an:                      (A)  offense involving violence, as defined by   Article 17.03; or                      (B)  offense for which an element of the offense   involves offensive or provocative sexual contact with another;                (2)  at the time of the offense, was a child, as defined   by Section 51.02, Family Code;                (3)  was transferred to a criminal court for   prosecution as provided by Section 54.02, Family Code; and                (4)  has completed the person's sentence, including any   term of confinement imposed and payment of all fines, costs, and   restitution imposed.          Art. 55A.002.  EXPUNCTION PROGRAM. (a)  The Texas   Department of Criminal Justice shall, in consultation with the   Texas Juvenile Justice Department and juvenile probation   departments, develop and implement a juvenile expunction program   under which a person subject to this chapter may have a conviction   described by Article 55A.001(1) expunged after completion of the   program.  The program must:                (1)  be age-appropriate and research-based;                (2)  provide models for positive behavior; and                (3)  provide behavior management strategies,   including:                      (A)  positive behavioral intervention and   support;                      (B)  trauma-informed practices;                      (C)  social and emotional learning; and                      (D)  a referral for services, as necessary.          (b)  The program described by Subsection (a) must be offered   in every county in this state.  A person may only complete the   program in the county in which the person was convicted.          Art. 55A.003.  EXPUNCTION AFTER PROGRAM COMPLETION. (a)     Notwithstanding any other law, an eligible person who completes the   program described by Article 55A.002 is entitled to have all   records and files related to a conviction described by Article   55A.001(1) expunged.          (b)  A person described by Subsection (a) must apply in   writing to the court in which the person was convicted to have the   conviction expunged on or after the person's 19th birthday.          (c)  The request under Subsection (b) must be made under oath   and include evidence of completion of the program described by   Article 55A.002.          (d)  The court shall order all complaints, verdicts,   sentences, and prosecutorial and law enforcement records and any   other document relating to the offense expunged from the person's   record if the court finds that the person completed the program   described by Article 55A.002.          Art. 55A.004.  RULES. The Texas Department of Criminal   Justice shall adopt rules and procedures to implement this chapter.          SECTION 5.  As soon as practicable after the effective date   of this Act:                (1)  the Texas Juvenile Justice Department shall   establish the application process described by Section 58.2645,   Family Code, as added by this Act; and                (2)  the Texas Department of Criminal Justice shall   adopt rules and procedures necessary to implement Chapter 55A, Code   of Criminal Procedure, as added by this Act.          SECTION 6.  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 7.  This Act takes effect September 1, 2023.