Nacogdoches County District Courts Sealing & Redaction Procedures

CRITICALCivil cases

Public access to records in DFPS suits under the specified Texas Family Code chapters is restricted; access is limited to the listed persons unless the Court specifically permits and orders otherwise.

IT IS THEREFORE ORDERED that public access to pleadings, orders, and documents filed in a suit brought by DFPS pursuant to Chapters 261, 262, and 264 of the Texas Family Code are to be restricted and shall be maintained by the District Clerk of Nacogdoches _____ County as such. The Clerk of the Court shall not allow public access to these pleadings, orders, and documents other than to DFPS, the parties, their attorneys, the attorney ad litem and the guardian ad litem unless specifically permitted and ordered by this Court.

CRITICALCriminal cases

Presentence and postsentence reports are confidential, nonpublic records except as provided by law.

Presentence investigation reports and postsentence reports are confidential and are not public records except as provided by law.

CRITICALCriminal cases

Department case records are confidential and may be released only as authorized by law or court direction, including to the specified prosecution and defense attorneys for revocation or adjudication motions.

Under § 163.67(b), those case records are confidential and may be released only under circumstances authorized by law or as directed by the Court. The Courts direct that case records maintained and produced by the Department may be released to the Nacogdoches County District Attorney's Office for the investigation and prosecution of motions to revoke community supervision and motions to adjudicate guilt, and to the attorney representing the person who is the subject of such a motion.

CRITICALCriminal cases

Protected health information may be used only for the prosecution or defense of the case and may not be further disclosed except as permitted by law or court order.

Protected health information disclosed under this Order shall be used solely for the prosecution or defense of the criminal case in which it is disclosed and shall not be further disclosed except as permitted by law or further order of the Court.

CRITICALCriminal cases

State and defense counsel may print or retain one report copy for their case files; defense counsel must review it with the defendant in a timely manner but may not provide a copy to the defendant or another unauthorized person.

Counsel for the State and counsel for the defendant may print or retain one copy of the presentence investigation report for their respective case files, subject to this Order. Defense counsel shall review the report with the defendant in a timely manner but shall not provide the defendant, or any other unauthorized person, with a paper or electronic copy of the report.

CRITICALCriminal cases

Counsel may use disclosed criminal history information only to represent the defendant in that case, must safeguard it under applicable law, and may not disclose it to unauthorized persons.

An attorney receiving criminal history record information under this Order shall comply with Chapter 411 of the Texas Government Code, Article 39.14 of the Texas Code of Criminal Procedure, and all other applicable federal and state restrictions governing the use, safeguarding, disclosure, and dissemination of such information. The information may be used only for purposes of representing the defendant in the criminal case in which it is disclosed and may not be disclosed to an unauthorized person.

CRITICALCriminal cases

Anyone granted access to a presentence investigation report must protect it from unauthorized access and comply with confidentiality requirements, and those obligations continue after the criminal proceeding ends.

Each attorney receiving a presentence investigation report shall safeguard it from unauthorized access and shall comply with Articles 39.14, 42A.255, and 42A.256 of the Texas Code of Criminal Procedure and any other applicable confidentiality requirement. The conclusion of the criminal proceeding does not terminate the obligations imposed by this Order upon the defendant, counsel, or any other person granted access to the report.

CRITICALCriminal cases

The Order does not permit disclosure that controlling federal or state law prohibits.

This Order does not authorize disclosure of information that is prohibited from disclosure by controlling federal or state law

WARNINGCriminal cases

The Department may release case records electronically using a reasonably secure method.

The Department may release the records electronically through a reasonably secure method.