Overview Description

A record relating to the conduct for which charges were not filed because of a determination that no probable cause existed will be destroyed automatically following the decision by the law enforcement agency or the prosecutor to not proceed with further action against the child. Tex. Fam. Code Ann. ยง 58.263.

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The destruction of the records should be automatic.

Fees

There is no statutory language regarding fees.

Effect

There is no statutory language regarding the effect of destruction.

Waiting Periods

The record should be destroyed immediately upon the decision not to proceed with further action against the child.

(non-prod server)