Overview Description

Records relating to any delinquency matters where a person was referred to the juvenile probation department can be sealed upon petition, so long as the person is at least 18 years of age, at least two years have elapsed after the date of final discharge, and the person is not subject to a disqualifying event. Tex. Fam. Code Ann. § 58.256.

Ineligible Category or Citation

The person is not eligible for sealing if the person has any pending delinquent conduct matters; has been transferred by a juvenile court to a criminal court for prosecution; has, as an adult, been convicted of a felony; has any pending charges as an adult for a felony or a misdemeanor punishable by confinement in jail; received a determinate sentence for engaging in certain serious offenses outlined in section 53.045; received a determinate sentence for engaging in habitual felony conduct; is currently required to register as a sex offender; or was committed to the Texas Juvenile Justice Department or to a post-adjudication secure correctional facility, unless the person has been discharged from the agency to which the person was committed. Tex. Fam. Code Ann. §§ 58.256(c), (d).

Procedure General

The petition must be filed in the juvenile court that is served by the juvenile probation department to which the person was referred. Tex. Fam. Code Ann. § 58.256(a).

For the specific procedure, see Tex. Fam. Code Ann. §§ 58.256; 58.257.

 

Fees

Effect

Upon entry of the sealing order, all adjudications relating to the person are vacated and the proceedings are dismissed and treated for all purposes as though the proceedings had never occurred. Tex. Fam. Code Ann. § 58.258(c).

For further information on the effect of sealing, see Tex. Fam. Code Ann. §§ 58.259, 58.261.

 

Waiting Periods

A petition can be filed if the person is at least 18 years old and two years have elapsed since the date of final discharge.

(non-prod server)