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JUVENILE RECORD SEALING

IMPORTANCE OF SEALING YOUR JUVENILE RECORD

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Sealing a child’s record is important to make sure that no employers or schools will have access to the child’s criminal history. Contact Mrs. Lacayo at 713-504-0506 to schedule a free initial consultation to determine if your juvenile record is eligible to be sealed.

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EFFECT OF SEALING YOUR RECORDS

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After your juvenile record is sealed you can deny that anything described in your juvenile records ever happened, and you can deny your juvenile record in any proceeding or in any application for employment, information, or licensing. If your records are not sealed potential employers, college admission offices, and landlords may still see your arrest record.

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CONFIDENTIALITY

 

Rules

  • All records, files, and information stored by electronic means or otherwise, from which a record or file could be generated, relating to a child who is convicted of and has satisfied the judgment for or who has received a dismissal after deferral of disposition for an offense that is a fine-only misdemeanor, other than a traffic offense, are confidential and may not be disclosed to the public. CCP art. 44.2811(b)
     

  • All records and files and information stored by electronic means or otherwise from which a record or file could be generated, relating to a criminal case for a fine-only misdemeanor, other than a traffic offense, that is committed by a child and that is appealed, are confidential and may not be disclosed to the public. CCP art. 44.2811
     

  • All records and files, including those held by law enforcement and information stored by electronic means or otherwise, from which a record or file could be generated, relating to a child who is charged with, is convicted of, is found not guilty of, had a charge dismissed for, is granted deferred disposition for, or who has received a dismissal after deferral of disposition for an offense that is a fine-only misdemeanor, other than a traffic offense, are confidential and may not be disclosed to the public.

 

Exception

  • Records may be open to inspection only by (1) judges or court staff, (2) a criminal-justice agency for a criminal-justice purpose, (3) the Department of Public Safety, (4) an attorney for a party to the proceeding, (5) a child defendant, or (6) the defendant’s parent, guardian, or managing conservator. CCP art. 45.0217(b)
     

 

SEALING OF RECORDS AVAILABLE

 

Sealing Records Without Application for Delinquent Conduct

A person who was referred to a juvenile-probation department for delinquent conduct is entitled to have all records related to the person’s juvenile matters, including records relating to any matters involving conduct indicating a need for supervision, sealed without applying to the juvenile court if the person:

  1. Is at least 19 years of age;

  2. Has not been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony;

  3. Does not have any pending delinquent-conduct matters;

  4. Has not been transferred by a juvenile court to a criminal court for prosecution under Fam § 54.02;

  5. Has not as an adult been convicted of a felony or a misdemeanor punishable by confinement; and

  6. Does not have any pending charges as an adult for a felony or misdemeanor punishable by confinement.

 

Fam § 58.253(b)

 

Sealing Records Without Application for Conduct Indicating Need for Supervision

A person who was referred to a juvenile-probation department for conduct indicating a need for supervision is entitled to have all records related to such conduct sealed without applying to the juvenile court if the person:

  1. Is at least 18 years of age;

  2. Has not been referred to the juvenile probation department for delinquent conduct;

  3. Has not as an adult been convicted of a felony; and

  4. Does not have any pending charges as an adult for a felony or misdemeanor punishable by confinement.

 

Fam § 58.255(a)

 

Application for Sealing Records

Notwithstanding Fam §§58.253 and 58.255, a person may file an application for the sealing of records relating to the person in the juvenile court served by the juvenile-probation department to which the person was referred. Fam §58.256(a). An application filed under Fam §58.256 must include the information described in §58.256(b).

 

The court may order the sealing of records relating to all matters for which the person was referred to the juvenile probation department if the person:

  1. Is at least 18 years of age, or is younger than 18 years of age and at least two years have elapsed after the date of final discharge in each matter for which the person was referred to the juvenile probation department;

  2. Does not have any delinquent-conduct matters pending with any juvenile-probation department or juvenile court;

  3. Was not transferred by a juvenile court to a criminal court for prosecution under Fam §54.02;

  4. Has not as an adult been convicted of a felony; and

  5. Does not have any pending charges as an adult for a felony or a misdemeanor punishable by confinement in jail.

 

Fam §58.256(c)
 

 

EXPUNCTION OF CERTAIN CONVICTION RECORDS

 

On or after the person’s 17th birthday, a person convicted of no more than 1 offense of (1) a misdemeanor punishable by fine only, while the person was a child, (2) a violation of a penal ordinance of a political subdivision, while the person was a child, or (3) a violation of Pen § 43.261 [electronic transmission of certain visual material depicting minor] may apply for expunction to the justice or municipal court in which the person was convicted, provided:

  • (a) While the person was a child, the person was not convicted of any other misdemeanor punishable by fine only or any other violation of a penal ordinance of a political subdivision;

  • (b) The person did not need supervision under Fam § 51.03(b)(6) for an offense under Penal § 43.261; and

  • (c) The offense was not an offense covered by:

    • AlcoBev ch. 106 [provisions relating to age]; or

    • H&SC ch. 161 [public-health provisions].

 

CONVICTION OR ARREST OF A MINOR FOR AN OFFENSE UNDER THE ALCOHOLIC BEVERAGE CODE

 

Any person convicted of not more than one violation of the Alcoholic Beverage Code while a minor, on attaining the age of 21 years, may apply to the court in which he was convicted to have the conviction expunged.

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Tex. Alco. Bev. Code § 106.12

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This would apply to many common offenses, including Possession of Alcohol by a Minor, Purchase of Alcohol by a Minor, Attempt to Purchase Alcohol by a Minor, Consumption of a Alcohol by a Minor, Driving or Operating Watercraft Under the Influence of Alcohol by a Minor (§ 106.041), and Misrepresentation of Age by a Minor.

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HOW LONG WILL IT TAKE TO SEAL MY JUVENILE RECORD?

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Any agency or official who has a copy of your record must send it back to the court by the 61st day after the date the order sealing your records is received by them.

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