The court shall order the destruction of the records relating to the conduct for which a child is taken into custody or referred to juvenile court without being taken into custody, including records contained in the juvenile justice information system, if:
(1) a determination is made under Section 53.01 that no probable cause exists to believe the child engaged in the conduct and the case is not referred to a prosecutor for review under Section 53.012; or
(2) a determination that no probable cause exists to believe the child engaged in the conduct is made by a prosecutor under Section 53.012.
Official text of the Texas Family Code as published by the Texas Legislative Council.