TEXAS JUVENILE JUSTICE SYSTEM FILES AND RECORDS
Dallas Lawyer
To permanently destroy your child's records of a juvenile arrest or charge, a Petition to Seal records must be filed. This procedure is similar to an expunction of adult arrest and records, but it has different procedures that must be followed.
Who has a "Juvenile File and Record" in Texas?
If you have been arrested, taken into custody or charged with a criminal offense (Class A or B misdemeanor or any felony) that was committed when you were at least 10 years old but younger than 17 years old, you probably have a juvenile file and record. You may also have a juvenile record if you were charged with some Class C misdemeanor offenses if the justice or municipal court transferred your case to a juvenile court or if you were charged in a municipal or justice of the peace court with minor alcohol violations.
What are "Juvenile Justice Files and Records"?
Under the record keeping system for juvenile records in Texas, if a juvenile was adjudicated for delinquent conduct (Class A or B misdemeanor or any felony), the juvenile probably has a juvenile record with numerous entities including local law enforcement, the Texas Department of Public Safety (DPS) and the Federal Bureau of Investigation (FBI). That record is a permanent record that is not destroyed or erased unless the record is eligible for sealing and the child or the child's family hires a lawyer to file a petition in court to have the record sealed.
Who usually has access to Juvenile Records?
While juvenile files and records are generally confidential, there are some important exceptions. A juvenile record can be accessed by police, sheriff's officers, prosecutors, probation officers, correctional officers, and other criminal and juvenile justice officials in this state and elsewhere. Also, the record may be available to employers, educational institutions, licensing agencies, and other organizations when the person applies for employment or educational programs. Juvenile treatment records (counseling, placement, drug treatment, etc.) are confidential and accessible only to authorized users.
How Do I "Seal" my Child's records?
The Sealing of Juvenile Records involves the filing of a petition (lawsuit) in the County Court where your child case was originally heard, or in the county where the arrest was located. If your child has successfully completed a deferred prosecution or other alternative to prosecution program, they are generally eligible to have all of their records sealed immediately. Some misdemeanor offenses, if a child was placed on probation, are eligible when the probation has been completed. Some have a waiting period, either 2 years or when your child turns 18. Some felony offenses have a waiting period until your child turns 21. There are some charges that are never eligible to be 'sealed', such as aggravated felonies or sex offense. Please call me today to see if your child's records are eligible to be sealed and removed from their permanent record.
How does "Sealing" records benefit my child?
If a juvenile's records are sealed, your child may:
- deny the existence of the juvenile record; and
- deny the arrest, prosecution or adjudication ever happened.
For example, once your juvenile records are sealed, you may legally answer, "NO" when a job application, educational or occupational licensing application asks, "Have you ever been arrested, convicted or adjudicated of a crime?"
It is important to understand that if you commit a crime after turning age 17 and you are convicted of or placed on deferred adjudication for the offense in adult criminal court, your records may not be eligible to be sealed.
Once an Order Granting the Sealing of your child's records is entered, the records are actually destroyed and there is no chance these will ever be able to be used against your child in the future.
J. Michael Price II, has devoted his entire career to juvenile and criminal defense and been recognized by Texas Monthly Magazine as a Texas Super Lawyer for 5 years running. As one of only 5 attorneys in the Dallas, Collin and Denton county area that are Board Certified in Criminal Law by the Texas Board of Legal Specialization and in Criminal Trial Advocacy by the National Board of Legal Specialty Certification, Mr. Price has uniquely distinguished himself among his colleagues for the quality of his work and his personal dedication to his clients, especially children.
We put more than 15 years of proven success behind your child's case, and work to eventually seal juvenile records to make sure mistakes today don't become a burden as adult.
Call 214-651-1121 for a No Cost Consultation
Practicing exclusively in criminal and juvenile defense, and recognized by organizations including Martindale Hubbell, Texas Super Lawyers and Texas Monthly Magazine, we stand ready to provide reliable and effective representation for all juvenile crimes. Contact our office today or call us directly at 214-651-1121 to schedule an initial consultation.
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