Second Chances Start Here
Your teenager made a mistake. Now what? The good news is that in Texas, a juvenile criminal record doesn’t have to follow your child forever.
When a teenager faces criminal charges, parents often worry about long-term consequences. A juvenile arrest or conviction can affect college applications, scholarship opportunities, and future employment prospects. Fortunately, Texas law recognizes that young people make mistakes as they develop and mature. The state’s legal system provides opportunities to seal or expunge juvenile records when specific conditions are met, allowing young people to move forward without being permanently defined by past errors.
What Does It Mean to Seal or Expunge a Juvenile Record?
Before diving into the process, let’s distinguish between these two legal remedies, as they work differently under Texas law.
Sealing a record means restricting access to the juvenile’s criminal history. The record still exists but is not accessible to the public and cannot be viewed by most employers, landlords, or educational institutions during background checks.
Expungement, on the other hand, completely removes the record as if the arrest or charge never happened. However, records governed by Chapter 58 of the Family Code (most juvenile cases) cannot be expunged. This means most juvenile records in Texas can only be sealed, not expunged.
The key difference is accessibility. Sealed records remain in the system but with restricted access, while expunged records are destroyed entirely. For most Texas juvenile cases, sealing is the available remedy.
Can My Child’s Juvenile Record Be Automatically Sealed?
Texas law provides for automatic sealing in certain circumstances, meaning no application or court hearing is required. This happens in two main scenarios under Chapter 58 of the Texas Family Code.
Automatic Sealing for CINS Cases
If your child was referred to juvenile court for conduct in need of supervision (CINS) and never referred for delinquent conduct, their records are automatically sealed when they turn 18, provided the records were filed with the court clerk and they do not have an adult felony conviction or any pending adult charges. CINS cases typically involve behaviors like:
- Truancy from school
- Running away from home
- Violating curfew
- Underage drinking
- Tobacco violations
This automatic sealing under Texas Family Code Section 58.255 provides immediate relief for families dealing with these less serious offenses.
Automatic Sealing for Delinquent Conduct
For more serious cases involving delinquent conduct, automatic sealing occurs when the individual turns 19 (not 21) if they have not been arrested since they turned 17. This provision helps young adults who stayed out of trouble after their juvenile case.
The process begins when the Department of Public Safety certifies to the juvenile probation department that the person’s records appear eligible for sealing. The juvenile probation department then has 60 days to notify the juvenile court and provide a list of all referrals. Finally, the court has an additional 60 days to issue a sealing order for all records relating to the person.
When Can You Apply for Record Sealing?
Sometimes automatic sealing doesn’t apply, or families want to pursue sealing before the automatic timelines kick in. Texas Family Code Section 58.256 allows individuals to petition the court for record sealing when they meet specific requirements.
The basic eligibility criteria include
- Age requirement – The person must be at least 17 years of age, or younger than 17 if at least one year has passed since final discharge in each matter
- Clean record – In that time frame, the person must not have been convicted of a crime
- No pending charges – The individual cannot have any pending criminal cases
Additionally, certain serious offenses may not be eligible for sealing. The court considers factors like the nature of the offense, the person’s behavior since the adjudication, and whether sealing the record would serve the interests of justice.
How Does the Sealing Process Work?
When automatic sealing doesn’t apply, families must file a petition with the juvenile court that handled the original case. This process involves several steps that require careful attention to legal requirements and deadlines.
Filing the Petition
The petition must be filed in the same court where the juvenile case was heard. It should include
- A detailed explanation of why sealing would serve the interests of justice
- Documentation showing the person meets all eligibility requirements
- Evidence of rehabilitation and good conduct since the offense
- Any supporting letters from employers, teachers, or community members
Court Review Process
Once filed, the court reviews the petition and may schedule a hearing. The judge considers various factors, including
- The seriousness of the original offense
- The person’s age at the time of the offense
- The individual’s conduct since the adjudication
- Whether victims were notified and their positions
- The impact sealing would have on public safety
Notification Requirements
Texas law requires that certain parties be notified when someone petitions for record sealing. This typically includes the prosecuting attorney and, in some cases, victims of the offense. These parties have the right to object to the sealing request.
What Records Can Be Sealed?
Not all juvenile records are eligible for sealing under Texas law. Chapter 58 of the Family Code specifies which records can be sealed and which are permanently excluded.
Records that can typically be sealed include:
- Court records from the juvenile proceeding
- Law enforcement arrest records
- Probation department files
- School disciplinary records related to the case
Records that cannot be sealed include:
- Certain violent felony offenses
- Sex offenses requiring registration
- Cases involving determinate sentencing
- Traffic violations that resulted in injury or death
The specific exclusions are detailed in Texas Family Code Section 58.252, which lists the types of records exempt from sealing.
How Long Does the Sealing Process Take?
The timeline for sealing juvenile records varies depending on whether it’s automatic or petition-based.
For automatic sealing cases, the process involves multiple steps. First, the Department of Public Safety certifies to the juvenile probation department that the records appear eligible for sealing. The probation department then has 60 days to notify the juvenile court, and the court has an additional 60 days to issue the sealing order. This process typically takes 3-4 months once the individual becomes eligible.
Petition-based sealing takes longer because it involves court review and potential hearings. From filing to final order, the process often takes 3-6 months, depending on the court’s schedule and whether any objections are filed.
Once the court grants a sealing order, it can take additional time for all agencies to comply and update their records. Most agencies have 30-60 days to implement the sealing order after receiving it.
What Happens After Records Are Sealed?
When a juvenile record is successfully sealed, the Department of Public Safety limits access to the records in the juvenile justice information system rather than destroying them (except for DNA records, which are destroyed). The records become restricted from most statewide criminal history databases. This means
- Employment background checks – Most employers cannot access sealed records during routine background screenings
- College applications – Educational institutions typically cannot see sealed juvenile records
- Housing applications – Landlords cannot access sealed records during tenant screening
- Professional licensing – Most professional licensing boards cannot consider sealed juvenile records
However, some exceptions exist. Certain government agencies, particularly those involved in law enforcement or national security, may still have access to sealed records in specific circumstances outlined in Texas Family Code Section 58.260.
Common Questions Parents Ask
Will sealing the record help with college admissions?
Yes, in most cases. If your criminal record is sealed, it will no longer be visible to the general public, including potential employers. This generally extends to college admissions offices conducting standard background checks. However, some college applications ask directly about arrests or convictions, and the applicant must decide how to answer truthfully.
Can my child get financial aid with a sealed record?
Federal financial aid applications (FAFSA) have specific questions about drug convictions that may still require disclosure even if records are sealed. Families should consult with a lawyer about how to handle these situations properly.
What if someone violated our child’s privacy by accessing sealed records?
Accessing sealed records without proper authorization is a serious matter. Texas law provides penalties for unauthorized access, and victims may have civil remedies available.
How much does it cost to seal juvenile records?
Courts typically charge filing fees for petition-based sealing requests, usually ranging from $50 to $300. Attorney fees vary but represent an investment in your child’s future opportunities.
Recent Changes in Texas Juvenile Record Laws
Texas legislators have increasingly recognized the importance of giving young people second chances. Recent legislative sessions have refined the automatic sealing process, clearly defining age requirements and procedural timelines.
The current system provides automatic sealing for CINS cases at age 18 (when records are filed with the court clerk) and for delinquent conduct cases at age 19, reflecting a balanced approach that considers both rehabilitation and public safety.
These changes reflect growing understanding about adolescent brain development and the importance of not permanently penalizing young people for mistakes made during their formative years.
Key Takeaways
- Most juvenile records in Texas can be sealed but not expunged entirely.
- Automatic sealing occurs for CINS cases at age 18 (if records filed with court clerk) and delinquent conduct cases at age 19.
- Petition-based sealing requires meeting age requirements (17 or younger with one-year post-discharge period) and maintaining a clean record.
- Sealed records are hidden from most background checks by employers and schools.
- The process takes time but can significantly impact your child’s future opportunities.
- Recent Texas law changes have refined automatic sealing processes and age requirements.
Frequently Asked Questions
My child was arrested but never charged. Can this record be expunged?
If your child was arrested but never charged, the case was dismissed due to insufficient evidence, unavailable witnesses, or lack of probable cause, or they were not found guilty by a judge or jury, they may qualify for expungement under Chapter 55 of the Texas Code of Criminal Procedure rather than sealing under the Family Code. This applies to situations where juvenile court jurisdiction was never established.
How do I know if my child’s record was automatically sealed?
Contact the juvenile probation department in the county where the case occurred. They can verify whether automatic sealing has taken place and provide documentation.
Can sealed records ever be reopened?
A: Yes, but only in very limited circumstances. Courts can allow inspection of sealed records by order under specific conditions outlined in Texas Family Code Section 58.260.
What’s the difference between sealing and a nondisclosure order?
A: Nondisclosure orders apply to adult criminal records and prevent disclosure to most private entities while allowing government access. Juvenile record sealing provides broader protection and applies specifically to cases handled in juvenile court.
My child had multiple juvenile cases. Can all of them be sealed?
A: It depends on the specific charges and outcomes. Some serious offenses cannot be sealed, and having multiple cases may affect eligibility. Each case requires individual analysis.
How long do sealed records stay sealed?
Properly sealed juvenile records generally remain sealed permanently unless a court orders them reopened under very specific circumstances.
Take Action Today to Protect Your Child’s Future
A juvenile record doesn’t have to define your child’s future. Whether through automatic sealing or petition-based relief, Texas law provides pathways to give young people the fresh start they deserve.
The sooner you act, the sooner your child can move forward without the burden of past mistakes. Every day that passes with an unsealed record is another day of missed opportunities for college admissions, scholarships, internships, and jobs.
At the Law Offices of Hector Gonzalez III P.C., we help San Antonio families pursue every available option for clearing juvenile records. We handle the legal complexities so you can focus on supporting your child’s bright future.
Don’t let a youthful mistake become a lifelong barrier. Contact us today to discuss your child’s specific situation and learn about your options under Texas law. The consultation with our criminal defense team could be the first step toward giving your child the second chance they deserve.
