Guest
Guest
Mar 26, 2024
2:29 AM
|
In general, a juvenile’s criminal record is confidential and can only be disclosed in very limited circumstances. Regardless of the private nature of juvenile records, as Fort Worth, Texas criminal defense lawyers, we realize that even though a juvenile criminal matter may be resolved with success and confidentiality, it doesn’t mean a juvenile’s record is clear.
https://www.bhwlawfirm.com/personal-injury/wrongful-death/
If you or your child have been subject to the Texas Juvenile Justice System, even if the matter was ultimately dismissed, it is still very likely that a juvenile criminal record of the incident still exists. That record could still be easily accessible through the Internet or through commercial services that run background checks and could affect you or your child’s future.
Contrary to popular belief, juvenile records are not automatically sealed. Texas does have a system in place called “Automatic Restriction of Access to Records,” which makes juvenile criminal records more difficult to access once the child turns 21 years old. However, most criminal agencies still have access to these records and can use them against a person in later criminal proceedings unless he or she takes the steps to seal the records.
What Does It Mean To “Seal” A Juvenile Record?
The term “seal” is actually more stringent than it’s common meaning when talking about juvenile records. When a juvenile record is “sealed,” it is treated as if it never existed.
Under the Texas Family Code, Section 58.003(j):
“A person whose records have been sealed…is not required in any proceeding or in any application for employment, information, or licensing to state that the person has been the subject of a proceeding under this title and any statement that the person has never been found to be a delinquent child shall never be held against the person in any criminal or civil proceeding.”
If a juvenile record is not sealed, anyone with a legitimate interest (potential employers, college admissions offices, etc.) will be able to access them. Getting a juvenile record sealed is an important step to ensuring a bright and successful future.
What Records Can Be Sealed?
Not all juvenile records can be sealed. If a juvenile was moved to an adult criminal court for an offense, that offense cannot be sealed. Further, if the offense required the juvenile to register in the Texas Sex Offender Registration Program, the offense cannot be sealed. If a juvenile has received a “determinate sentence” (usually meaning the child had to serve a term in TYC), for any of the following offenses, his or her juvenile records relating to that offense cannot be sealed:
Murder, attempted murder, manslaughter
Sexual assault, indecency with a child
Aggravated assault, injury to a child, elderly or disabled person
Aggravated robbery
Deadly conduct with a firearm
Criminal solicitation
Arson
Conspiracy to commit any of the above offenses
When can juvenile records be sealed?
Generally, a person or child is eligible to have his or her juvenile records sealed once 2 years have elapsed since final discharge of the person or since the last official action in the person’s case if there was no adjudication.
If a person is convicted of a felony or misdemeanor involving a crime of moral turpitude during those two years, he or she also will not be eligible for the sealing.
Contact the Expunction and Non-Disclosure Lawyers of Barnett Howard & Williams PLLC at (817) 993-9249
Our attorneys represent clients in the State of Texas as well as military servicemembers around the world. We have extensive experience dealing with expunctions and non-disclosures of criminal records. To discuss your legal options and rights and to determine whether your case may qualify for an expunction or non-disclosure, contact us. We are eager to serve you. God bless.
https://www.bhwlawfirm.com/personal-injury/wrongful-death/
|
To enhance your user experience on our website, this site uses cookies.
If you continue to browse, you accept the use of cookies on our site.
See our Privacy Policy
for more information.
