In Texas, like many other states, individuals with juvenile records are eligible to have their juvenile criminal record sealed. This process is very similar to the process of expungement or record sealing for regular criminal records.
In order to have a juvenile record, an individual must have been between the ages of 10 and 17 when he or she was arrested, taking into custody, or charged with a criminal offense. These include Classes A and B misdemeanors or any felony charge. An individual may also have a criminal record if he or she was charged with a Class C misdemeanor if the justice or municipal court transferred the case to a juvenile court.
These records, while they are generally confidential, may be accessed by police officers, sheriff’s officers, prosecutors, correctional officers, and other criminal and juvenile justice officials in the state of Texas as well as elsewhere. In addition, the record may still be available to potential employers, educational institutions, licensing agencies, and other potentially important agencies. It is important to note that juvenile treatment records, those records that concern counseling, placement, and drug treatment, are always confidential and are accessible only by authorized users.
Section 58.003 of the Texas Family Code allows for the sealing of juvenile records. Like adult criminal records, an individual with a juvenile record that is acceptable for sealing can file for a motion to seal his or her juvenile criminal record. This motion must be filed in the same county in which the original criminal proceeding occurred. Once a juvenile record is sealed by the court, the record is removed from the criminal history database.
In addition Section 58.203 of the Texas Family code allows for access to certain criminal records to be restricted automatically. Once it is transferred to this section, the Texas Department of Public Safety may not disclose the existence of the juvenile record or any infor from the record in response to an inquiry from:
1. A law enforcement agency
2. A criminal or juvenile justice agency
3. Any person, agency, organization, or entity
In fact, Texas law requires the holder of this type of juvenile record to report that the record does not exist. If a crime falls under this category, the person who is named in the juvenile record can report to anyone that asks that he or she has not been arrested, charged, or convicted of any crime.
If you would like more information concerning record sealing or expungement, please visit [http://dallasexpungementlawyer.com/expungement_in_dallas.aspx]. The experienced team will be happy to answer any questions you may have concerning the process of record sealing.