Sealing in never allowed when:
The juvenile received a determinate sentence for conduct listed in Section 53.0485; or
- The juvenile was found to have engaged in habitual felony delinquent conduct, as described in Section 51.031.
Other restrictions on sealing include:
- The person must now be 21 years of age or older
- Must not have been certified for prosecution as an adult;
- The records have not been used in an adult punishment hearing
- The person has not been convicted of a felony after turning 17.
Section 58.003(c-1) allows a juvenile court judge the discretion to order the sealing of records concerning a child who has been adjudicated of engaging in delinquent conduct or CINS, either felony or misdemeanor, if the juvenile successfully completes a drug court program under Chapter 469 of the Heath and Safety Codes. Subsection c allows the court to order the records sealed immediately without a hearing or after a hearing to determine whether to seal the records.
Under Section 58.003(C-2), whenever a juvenile court orders the sealing of a juvenile’s records based on successful completion of a drug court program. In that situation, prosecutors and juvenile probation departments are authorized to maintain a separate record of the child’s name, date of brith, and the date the child successfully completed the drug court program until the child turns 17. At that point, the records use be sent to the court as soon as practicable after the chid’s 17th birthday for inclusion in the child’s other sealed records.
Juvenile records can be unsealed for use as punishment enhancement. Only adjudication for a felony offense that resulted in a TYC commitment can later be used for enhancement purposes.
A juvenile court is also required to hold a hearing before ordering a mandatory sealing under or a discretionary hearing unless the applicant waives the right to a hearing in writing and the court and prosecuting attorney consent. This allows juvenile courts to expedite the record sealing proceedings, as long as the applicant and the prosecuting attorney agree.
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.