A juvenile case can continue affecting your child after court ends, creating concerns about college, work, housing or professional licensing. Record sealing can limit access to qualifying records. Once sealed, they generally do not have to disclose the matter on applications, and the law generally prevents others from using that denial against them. However, a court may still permit limited access in certain situations. Eligibility depends on the charge, outcome and later circumstances.
When records may qualify for automatic sealing
The state divides juvenile cases into different categories. Delinquent conduct generally involves an offense that can carry jail or prison time. Conduct indicating a need for supervision, or CINS, generally covers less serious matters, such as certain fine-only offenses or running away from home.
Records involving delinquent conduct may qualify for automatic sealing when your child turns 19 if:
- They have no felony juvenile adjudication.
- They have no pending juvenile case.
- A judge did not transfer the case to adult court.
- They have no adult felony or jailable misdemeanor conviction.
- They have no pending adult felony or jailable misdemeanor charge.
If the only referral involved conduct indicating a need for supervision, sealing may occur automatically at age 18 without the need for an application. You should still confirm the record’s status with the juvenile probation department that handled the referral.
How your child may request earlier sealing
While many wait until age 19 for automatic sealing, section 58.256 of the Texas Family Code allows someone to apply as early as age 17. A person younger than 17 may apply one year after final discharge from every juvenile matter.
Your child must file the application with the juvenile court in the county that handled the matter. No filing fee applies. A judge may approve the request without a hearing, but must hold one before denying it.
When sealing may not be available
State law bars application-based sealing if your child received a determinate sentence for certain serious offenses, must still register as a sex offender or remains in Texas Juvenile Justice Department custody or a secure juvenile facility.
Protect your child’s future opportunities
A juvenile case does not reflect everything your child has learned or accomplished since then. Confirming whether the court sealed the records can help you address avoidable barriers to future opportunities.