Everyone deserves a second chance. This is especially true for children, who often must make mistakes – even big ones – to learn valuable lessons about behavior and society.
. In this article, our attorneys explain Texas juvenile records, including what they contain, who has access to them, and how to make sure they’re sealed.
The good news is some people who have juvenile offenses in their past have their juvenile records automatically sealed on the day they turn 19, provided they meet specific requirements.
Texas juvenile records contain documentation filed during a youth’s time in the juvenile justice system. These records pertain to juvenile offenders and proceedings brought under the Juvenile Justice Code. They do not include names of child witnesses or victims, records from municipal or JP courts, or records of non-juveniles.
Anyone in Texas between ages 10 and 16 has a juvenile record if they have been charged with a Class A or B misdemeanor or any felony offense. The record will be in the county where the offense occurred.
If a juvenile is charged with a Class C misdemeanor and the original court transfers the case to a juvenile court, he or she will also have a juvenile record.
It’s possible to seal a child’s juvenile record much sooner with the help of an experienced juvenile attorney.
If your child has been taken into custody, it’s important to retain an attorney immediately to ensure the child’s Texas juvenile record is sealed. Varghese Summersett’s Lisa Herrick is one of only two Board Certified juvenile attorneys in Tarrant County. She is ready to defend your child’s future.
Tarrant County’s juvenile court may reject the sealing of juvenile records if the person has:
Texas juvenile records are confidential, with some significant exceptions.
Law enforcement officials, prosecutors, probation and corrections officers, and juvenile justice officials have access to juvenile records that have not been sealed. Sensitive information in juvenile records, including counseling history or drug treatment, is available only to authorized personnel. The exceptions, by Texas law, include:
The person can lawfully deny any juvenile offenses if their records have been sealed.
According to Texas law, the information in the records, the fact that the records existed, or the person’s denial of the existence of the records or the person’s involvement in a juvenile matter may not be used against the person in any manner, including in:
, governmental agencies if the disclosure is authorized by law, the Department of Family and Protective Services, and any person, agency, or institution having a “legitimate interest” in the matter, if they obtain permission from the court.
If you were referred to juvenile court for conduct in need of supervision (or CINS) and never referred for delinquent conduct, your records are sealed when you turn 18, as long as you do not have an adult felony conviction or any pending adult charges.
If you were adjudicated for a felony or don’t meet the criteria for automatic sealing, you can apply to the court requesting that your records are sealed. The court could order the records sealed with or without a hearing. The court, in any instance, can’t deny an application for sealing without first hearing an argument. An attorney is advisable during this process.
To qualify, you must:
Although state law requires Texas juvenile records to be automatically sealed for qualifying persons, errors and delays occur. Some counties have a backlog of cases and are slow to process sealing. Also, cases that included felony adjudication are not eligible for automatic sealing, and an application to request a seal is required. It is wise to have your attorney request that the juvenile court seals the records as soon as you are eligible.
destroy juvenile records if no probable cause is found at intake or by a prosecutor. Destruction of juvenile records may be authorized by the juvenile board, the head of any law enforcement agency in the possession of records, or the prosecutor if:
The above stipulations apply to all juvenile records, no matter when they were created but does not include records kept by the Texas Juvenile Justice Department for statistical purposes. Destruction of records also does not apply to juvenile court records or juvenile clerk’s records.
Texas Code section 58.2551 requires that juvenile records are automatically and immediately sealed upon a finding of not true. But for this to happen, it’s imperative to have an experienced juvenile attorney by your child’s side to have the best possible opportunity to receive a “not true” finding. In juvenile court, a not-true finding is comparable to a not-guilty verdict for adults.
The Texas Juvenile Justice Code Section 58.253 provides that the state automatically seals juvenile records if the person meets the following requirements:
The Texas Juvenile Justice Code Section 58.256 allows the juvenile court to order records sealing for anyone meeting the following criteria:
If your child qualifies, having a Texas juvenile record sealed or destroyed might be necessary. This process requires a hearing, and an experienced attorney will help you get the desired outcome. Call Juvenile Expert Lisa Herrick for a free consultation at 817-203-2220 .
