New Braunfels Juvenile Record Clearing Lawyer

Under Texas law, a juvenile is ten to sixteen years old. An adult is seventeen and older. The sealing of records, covered below, governs clearing offenses that occurred as a juvenile.

Expunction and nondisclosure are the two main mechanisms to clear an offense that occurred as an adult. When a court seals a juvenile record, government agencies destroy all records except the court file, which the court clerk keeps. These agencies remove any mention of the record in computer or paper archives.

I Can Help

Contact me for a free case review if you want to clear a juvenile criminal record in Comal County, or other Central Texas counties such as Hays County, Guadalupe County, Travis County, or Bexar County.

Ineligible

Suppose the juvenile has received a sentence for a specific period. In that case, the petitioner’s juvenile record can never be sealed.

Eligibility of Felony Adjudications (Non-Determinate Sentence)

1. Must be twenty-one years old.
2. The petitioner must never have been certified for any offense.
3. The juvenile record must not have been used in the punishment phase of an adult prosecution.
4. The petitioner cannot have been convicted of a felony since turning seventeen.
5. In this instance, the court has discretion whether to grant or deny the sealing of records.

Felony Dismissal, Misdemeanors

The juvenile has a right to seal his felony dismissal, conduct in need of supervision case, or misdemeanor adjudication if:

1. Two years have elapsed since the juvenile exited the system.

2. In those two years, the petitioner does not have a felony conviction; a conviction for a misdemeanor involving moral turpitude; has not been found to engage in delinquent conduct or conduct indicating a need for supervision; and does not have a pending criminal proceeding.

The judge has the choice to seal a dismissed felony or a non-felony adjudication without the two-year waiting period if the petitioner since exiting the system does not have a felony conviction; a conviction for a misdemeanor involving moral turpitude; has not been found to engage in delinquent conduct or conduct indicating a need for supervision; and does not have a pending criminal proceeding.

Not Guilty

The judge shall immediately seal a record when the juvenile is found not guilty after a trial.

Effect

Agencies with a record of the arrest must return the records to the juvenile court within 60 days of receiving the order. Government agencies must delete all references to the record within 60 days of receipt of the order. The petitioner can deny the arrest, even in a subsequent criminal proceeding.

Possession of Alcohol by a Minor

Section 106.12 of the Texas Alcohol Beverage Code allows a minor who has a conviction for possession of alcohol by a minor to expunge the arrest if he reaches the age of twenty-one and does not have another conviction for the offense.

I Can Help

Contact me for a free case review if you want to clear a juvenile criminal record in Comal County, or other Central Texas counties such as Hays County, Guadalupe County, Travis County, or Bexar County.