A juvenile record can follow teens into adulthood, creating obstacles when they are applying for college, looking for a job or even buying a home. As such, you wonder if it is possible to seal a child’s records and give them a fresh start. The blog will discuss what Texas requires for this process and how it can help protect your child’s future.
Who may qualify for juvenile record sealing?
A juvenile record in Texas is eligible for sealing depending on these categories:
- Automatic sealing for eligible cases: Applies only when your child has no felony adjudication, no open juvenile cases, no adult certification history and no disqualifying adult convictions or charges.
- Sealing after turning 18: Requires your child to only have a referral for conduct indicating a need for supervision, no adult felony conviction, no pending adult charges and no delinquent conduct referrals.
- Sealing after turning 19: Requires your child to have a delinquent conduct referral without a felony adjudication or only misdemeanor adjudications and no open juvenile cases.
- Sealing after a felony adjudication: Requires your child to file a petition to seal the record after turning 17, with at least one year passing after completing all case requirements.
Certain offenses, such as murder, aggravated assault or sexual assault, can permanently prevent a juvenile from sealing their records. Those who stand trial as certified adults also become ineligible.
What are the benefits of a sealed record?
Sealing a juvenile record prevents the public from viewing your child’s past. This allows them to:
- Go to college or university without past offenses affecting admission
- Get a job without most employers seeing juvenile offense records
- Rent or apply for housing without records causing problems
- Join the military without past juvenile offenses limiting their eligibility
It is important to note that sealing is not the same as expunction, which erases these records. Sealed juvenile records can still be accessed by justice agencies for law enforcement purposes.
How does the legal process work?
When your child’s case qualifies for automatic sealing, the juvenile probation department sends the court a list of all referrals and outcomes within 60 days of receiving notice from the Department of Public Safety. The juvenile court then has 60 days to issue an order sealing your child’s records. As this unfolds, you and your child will not need to take any actions.
If your child’s case is not eligible for automatic sealing, you may help them file an application to seal the records. You will not have to worry about fees as the court does not charge for this application. Once the court receives it, they may seal your child’s records without a hearing or they may schedule a hearing to decide whether to grant the request.
Should the court decide to hold a hearing, the court will notify you, your child’s attorney if one is involved, the prosecutor and all agencies believed to have relevant records. During this, the court will review whether your child meets the legal requirements for sealing. Securing legal representation before you decide to file can help make the process smoother and provide you with realistic expectations about your child’s situation.