When a juvenile record is "sealed," it’s treated as though it does not exist. A juvenile or person adjudicated of a juvenile offense while a minor -- after having a crime and arrest sealed -- may legally deny that anything described in the juvenile record ever happened. Additionally, if a judge, lawyer, or
police officer is asked about you, they are required by law to respond as if anything
related to your record never existed.
It is also removed from the Criminal History
Database, so your name will not come up if someone searches for you on it.
If juvenile records are not sealed, potential employers, college admission offices, or landlords can see your arrest record. Getting your record
sealed can be an important step in successfully finding a job, going to college, and finding a place to live.
Can Any Juvenile Record be Sealed?
No. Records of certain offenses cannot be sealed. You cannot seal your juvenile
record if:
- You have received a determinate sentence adjudication for any of the following offenses:
- Murder
- Attempted Murder
- Manslaughter
- Sexual Assault
- Aggravated Assault
- Aggravated Robbery
- Causing Injury to a Child, Elderly Person, or Disabled Person
- Deadly Conduct with a Firearm
- Possession and/or selling of large amounts of illegal drugs (generally anything more than 200 grams)
- Criminal Solicitation
- Indecency with a Child
- Arson
- Conspiracy to commit any of the above
- You committed a felony, and your case started in juvenile court but was moved to adult criminal court.
- You have engaged in “habitual felony conduct” for which you received a determinate sentence.
- You are required to register with and report to the Texas Sex Offender
Registration Program.
Am I Eligable for an Order for Sealing of Files and Records?
• If you are found not guilty at your adjudication hearing, or the matter was dismissed, the court should have immediately ordered all files and records sealed.
• If you successfully completed a drug court program, the juvenile court may order your records of either a misdemeanor or felony offense sealed
immediately.
• If your juvenile offense was a misdemeanor, a court MUST seal your record if:
* It has been two years since your final discharge from the juvenile system, and
* During those two years, you have not been convicted or adjudicated of
anything else, and no charges are pending against you.
• If your juvenile offense was a felony, the court does not have to seal your record, but it MAY seal it only if:
* You are 21 years of age or older; AND
* You have not been convicted of another felony after turning 17