Records generated when a child is taken into custody must be destroyed if the child is not referred to juvenile court within 10 days or has not been placed in an informal disposition or a first offender program. Section 58.001(c) requires only the destruction of all records developed as a result of taking the child into custody.
When there is not an informal disposition or a first offender program, the deadline for destruction is the end of the year. Where there is an informal disposition or a first offender program, the deadline for destruction is 90 days after completing the program.
Another instance in which juvenile records may be destroyed involves completed cases that have been previously sealed: Records of CINS cases of truancy, running away, expulsion referrals from schools, and fineable only misdemeanors referred by justice or municipal courts can be destroyed if the person is 21 years old and has not been convicted of a felony.
Automatic Restriction of Access
The Department of Public Safety must certify which records are subject to automatic restriction of access. There are four criteria for automatic restriction:
- The person is now at least 21 years of age
- The juvenile cue did not include violent or habitual felony conduct
- The juvenile case was not certified for adult trial; and
- DPS has no report of the person having been convicted of a felony or jail able misdemeanor since turning 17.
Exempt from the automatic restriction process are : local sex offender registration records, and records relating to gangs and criminal combinations.
Once automatic restriction applies, a criminal justice agency may only obtain access to these records through Family Code Section 58.204(b)(1).
At the Law Office of Constantine G. Anagnostis, our focus is on people and their problems: Collin County expunction lawyer Constantine G. Anagnostis has extensive experience helping individuals clear their records. An arrest for a criminal offense can have major consequences on one’s future. There are, however, certain options available to remove a criminal charge from your record. A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or a misdemeanor may be entitled to have all record and files relating to the arrest expunged. After an expunction order is granted, the petitioner may, for most purposes, deny ever being arrested or obtaining an expunction. A nondisclosure order prohibits disclosure of all criminal history record information. Collin County expunction lawyer Constantine G. Anagnostis can explain the options available for you, eligibility requirements, and the effect each has on your criminal record. For more information on clearing your criminal record, you may call 817-229-0319 to schedule a free consultation, or submit a sample case form.