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TITLE 13CULTURAL RESOURCES
PART 1TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CHAPTER 6STATE RECORDS
SUBCHAPTER BMICROFILMING STANDARDS FOR STATE AGENCIES
RULE §6.32Expungement

(a) Expungement of records must comply with statutory law and standard ANSI/AIIM MS42.

(b) If roll film is spliced, the following information must be inserted in place of the expunged record(s):

  (1) a start of expungement target;

  (2) replacement documents for documents that were expunged (if necessary);

  (3) an expungement certificate containing the following information:

    (A) the number of the district court ordering the expungement;

    (B) the signature, printed name, and title of the custodian of expunged records;

    (C) the date of expungement.

(c) If the abrasion method is used, an expungement certificate must be maintained that includes the information specified by subsection (b)(3)(A)-(C) of this section and other information sufficient to identify the microfilm and the image location, if applicable. This certificate must be preserved until the microfilm's final disposition.

(d) Images on film must not be expunged by punching holes through film, by using opaque, by blotting images with ink-type pen, or by using chemical means such as potassium dichromate (bleach) on film emulsion.

(e) Expungement certificates must not be used when an amended certificate of birth is prepared and filed based on adoption, legitimation, or paternity determination. No evidence may be retained in the microfilm, index, or cross-reference through which the confidentiality of adoption, legitimation, or paternity actions may be directly or indirectly violated.


Source Note: The provisions of this §6.32 adopted to be effective June 12, 1996, 21 TexReg 4989.

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