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Who is Recognized as a Juvenile in Texas?
In the State of Texas, a juvenile is a person who is at least 10 years of age but younger than 17 at the time of the alleged offense. Typically, any person within this age range is charged as a juvenile rather than as an adult. However, if the crime is substantial enough, the juvenile may be charged as an adult.
Some of the most common juvenile offenses include:
- Theft
- Assault
- Drug offenses
- Burglary
- Vandalism
- Disorderly conduct
Police may arrest a juvenile for four specific reasons:
- Breaking the law
- Violating probation
- Required supervision
- Delinquent conduct
Before making an arrest, police must have probable cause to believe one of the previous four reasons applies to the juvenile. Certain procedures must be followed to protect the minor’s rights, and the parents or guardians must be notified as soon as possible.
When is a Juvenile Charged as an Adult?
A juvenile over the age of 14 may be tried as an adult for serious crimes that typically involve violent felonious actions. The minor must be certified as an adult for the criminal proceedings, and the judge will consider the following actions:
- Age and maturity: The court will determine if the minor is mature enough to understand the consequences of their behaviors.
- Nature of the offense: Serious or violent crimes are more likely to warrant a certification as an adult.
- Prior record: Previous misconduct from the minor may influence the certification.
- Rehabilitation potential: The court will evaluate the possibility of rehabilitation for the minor.
If a judge certifies the minor as an adult, then the legal proceedings will be the same as that of adult offenders. Juveniles who are charged as adults cannot be given a lifetime sentence without parole or the death penalty.
What are the Legal Rights and Responsibilities of Parents?
If your child has been charged with a crime, you have options. The first step should be to contact an experienced juvenile attorney at Seymour & Vaugn to help you make the best decisions throughout this process.
Other rights include:
- The right to be informed that the child has been detained
- The right to see the child if they are detained
- The right to accompany the child to hearings
- 0In most cases, the right to speak at those hearings
As a parent, it is also your responsibility to ensure that your child adheres to and complies with any court orders.
Can a Juvenile Record be Sealed or Expunged?
An arrest without a conviction can remain a part of your child’s permanent record. This can affect education, employment, housing, the right to vote, or the right to buy or own a gun. To protect your child, consider having the record sealed or expunged, which are two distinctly different processes.
When a record is expunged, all criminal activity is erased, and the minor has the right to claim they were never charged with a criminal offense. If expungement does not apply, the record may be sealed, which prevents the police from viewing it.
When is Expungement an Option?
In Texas, a minor qualifies for expungement in the following circumstances:
- They were arrested but never charged.
- They were charged, but the case was dismissed.
- They were found not guilty by a judge or jury.
- They were the victim of identity theft.
A record cannot be expunged if the juvenile is found guilty. An exception to this rule is when deferred adjudication occurs for Class C misdemeanors. Deferred adjudication is a type of probation that gives juveniles with criminal offenses the opportunity to keep the conviction off of their record.
The Expungement Process
If you are interested in seeking expungement for your child’s record, there are several important steps to take.
- A petition for expungement must be filed in the county where the arrest took place.
- After the petition is filed, copies must be given to all relevant agencies, including the sheriff’s office and the police department.
- Finally, a hearing will be scheduled where the judge reviews the cases and determines if the expungement is warranted.
When is Sealing a Record an Option?
Juvenile records are automatically restricted from most viewing after the minor turns 17. Law enforcement is one of the only agencies able to view the sealed record. A restricted record is not the same as sealing a record.
To be eligible for a sealed record, two years must have passed since the adjudication or discharge. During this time, the person must not have been convicted of any crimes or delinquent conduct.
Sealing a record remains an option in the following circumstances:
- The minor has not received a determination sentence in a juvenile penitentiary.
- The minor is not a registered sex offender.
- There are no pending proceedings.
- They were still a minor when tried.
- It has been at least two years since discharge. If adjudication does not take place, the waiting period can be waived.
- They have had no new convictions since discharge.
- The charge was not for sexual assault, aggravated sexual assault, murder, capital murder, aggravated kidnapping, stalking, or other serious crimes.
What Should be Done After a Record is Sealed or Expunged?
To further protect your child after their record is sealed or expunged, you should verify all relevant agencies have complied with the order.
Both you and your child should retain copies of the order and be prepared to present it if questions arise, such as during background checks or job applications.
Do You Need an Attorney?
If you are concerned about your child’s future after a legal incident, you deserve legal help you can depend on. Call Seymour & Vaughn today at 830-282-8751 or complete a contact form to schedule your free consultation.
