Criminal Records

Texas Juvenile Records

The Importance of Sealing

Many people mistakenly believe that Juvenile criminal files and records are generally confidential. This is partly true, but there are some important exceptions. A juvenile record can be viewed 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

Protecting Your Future

Juvenile criminal records can have a serious negative effect on your ability to obtain employment and even attend certain educational institutions. In this day of almost unlimited ability to conduct background checks via the internet, it has become crucial for most people to have their records sealed or destroyed when possible

To have your record sealed, you must initiate a formal court proceeding. Also, if you have criminal records in a justice or municipal court, special expungement procedures apply.

Do I have a Juvenile Record?

If you were 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 a Class C misdemeanor offense and the justice or municipal court transferred your case to a juvenile court.

As stated above, if a juvenile was adjudicated for delinquent Conduct (Class A or B misdemeanor or any felony), the juvenile probably has a record with various agencies including local law enforcement, the Texas Department of Public Safety (DPS) and the Federal Bureau of Investigation (FBI). This record is a permanent record that is not destroyed or erased unless the record is eligible for sealing and you have a lawyer file a petition in court to have the record sealed.

What about "Automatic Restriction of Access to Records"?

For records created after September 1, 2001, Texas has a system that partially limits access to your juvenile records after you reach 21 years of age if you do not commit criminal offenses once you become 17 years of age. The system is called "Automatic Restriction of Access to Records." In addition to your opportunity to have your records sealed and destroyed under other provisions of the Texas Family Code, this system may provide some limited protection.

However, under Automatic Restriction of Access to Records, your records are NOT destroyed or sealed. They remain in place, but are placed under restricted access. After you reach age 21, they are still available to criminal justice agencies for criminal justice purposes, such as investigating and prosecuting crimes. To all other inquiring parties (employers, educational agencies, etc.) the agency holding the records is required to reply that the records "do not exist." If asked, you are legally allowed to deny that you were ever arrested, charged, prosecuted or adjudicated for a crime if you records are restricted under this system.

For restricted access to take place, no action is required by the child or the child's family. You do not have to file a petition or hire a lawyer. The process occurs automatically at age 21 if, since your 17th birthday, you have not:

• committed a felony or a Class A or B misdemeanor; or
• received deferred adjudication for or been convicted in adult court of a Class A or B misdemeanor or a felony.

What records are not eligible for this "Automatic Restricted Access"?

It is important to note that many juvenile records are NOT eligible for Automatic Restricted Access, such as:

• Cases that were handled as determinate sentence cases by the juvenile court;
• Cases that were certified (transferred) to adult criminal court to be handled in the same manner as adult cases; or
• Cases that were prosecuted in justice or municipal court.
• Gang records
• Sex offender records

The most important of these may be Sex offender registration records. They are exempted from the Restricted Access system because the purpose of registration is to notify the public. If you are a registered juvenile sex offender, you may have a right to have your records sealed once your obligation to register expires. Also, there are other legal proceedings that may allow reconsideration of your obligation to register.

Your Next Step

If you are concerned about a Juvenile criminal record and how it might affect your future, contact us today to begin an investigation into how we may be able to have your records sealed or destroyed, thus protecting you from mistakes that were made when you were a juvenile.

Serving clients in San Antonio, Bexar County; Bandera, Bandera County; New Braunfels, Comal County; San Marcos, Hays County; Seguin, Guadalupe County; Floresville, Wilson County; Jourdanton, Atascosa County; George West, Live Oak County; Gonzales County; Boerne, Kendall County; Kerrville, Kerr County; Fredericksburg, Gillespie County; Lockhart, Caldwell County; Austin, Travis County; Georgetown, Williamson County and other jurisdictions throughout Texas.

Disclaimer : This site is meant to provide useful information to those in need of legal representation and to educate the public on some of the criminal law issues facing Texas citizens. The information of this site is not legal advice. For legal advice, please contact our office.