Untitled Texas Attorney General Opinion, KP-0073

Texas eliminated the criminal truancy offense (former Education Code §25.094) via H.B. 2398 and created civil truancy proceedings in designated truancy courts under Family Code ch. 65.
H.B. 2398 also enacted article 45.0541, Code of Criminal Procedure, authorizing expunction of convictions or complaints for the former truancy offense and “other documents relating to the offense,” specifically mentioning school district and law enforcement records.
Juvenile probation departments sometimes hold referral documents when a criminal contempt matter (for violation of a school-attendance order) is referred to juvenile court to determine delinquent conduct under Family Code §51.03(a)(2).
Question presented: whether article 45.0541 expunction orders apply to documents in juvenile probation department possession that originated from a referral to juvenile court for delinquent conduct.
Additional question: what effect an article 45.0541 expunction has on juvenile records and dispositions associated with a contempt referral, and what procedure must juvenile authorities follow.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether art. 45.0541 expunction orders cover documents in juvenile probation departments arising from referrals for delinquent conduct	Article 45.0541 applies broadly to “records relating to the conviction or complaint,” so it reaches referral documents in juvenile probation possession	Referral documents become juvenile records and therefore general expunction principles (which typically exclude juvenile custody records) mean art. 45.0541 should not apply	The Attorney General: art. 45.0541 likely applies; documents in juvenile probation files that fit the statute are subject to expunction (statutory language is broad and not limited to arrests or named agencies)
Effect on juvenile records/dispositions and required procedure to comply	Expunction should set aside related findings/dispositions and remove records	There is no explicit statutory procedure for juvenile records; juvenile rules govern those proceedings, creating procedural uncertainty	The juvenile probation department must determine how to comply in the first instance consistent with the court’s order and article 45.0541; the statute releases the individual from disabilities and bars showing the conviction/complaint for any purpose, but no specific statutory mechanics provided

CHCA Woman's Hosp., L.P. v. Lidji, 403 S.W.3d 228 (Tex. 2013) (statutory interpretation focuses on the Legislature's intent as shown by plain language)