Juveniles starting life with a record in Texas can face challenges that cause setbacks throughout their adult lives. One mistake can change the trajectory of the opportunities available for education, work, and housing. Having a record expunged or sealed can create pathways for a better future for a juvenile.
The role of a juvenile defense lawyer in Houston is to guide families and youth entering adulthood through the process of removing the legal barriers that pose challenges to many teens in Texas with a criminal record. Understanding the legal options available to you will help pave the way for a better future beyond the confines of a criminal record.
Texas defines a juvenile as someone between the ages of ten and sixteen. When a juvenile seeks to clear an offense committed during this period, the options are expunging a record or sealing it. A juvenile must qualify for one of the two options.
Expungement means that any evidence of criminal history is removed from their record. This process allows a juvenile to deny any criminal offense they were charged for. When expungement is not an option, sealing a record may be available. A Houston expungement attorney can provide guidance on whether expungement or sealing is the best course of action.
Sealing a record keeps a juvenile’s criminal history from being viewed by the public. The records about the crime are destroyed except for the court file retained by a court clerk. A seal allows for a better opportunity to escape the shadow of a criminal record moving forward.
Expungement creates the optimal legal path for a juvenile with a record. When expungement is not an option, sealing a record should be considered. Qualifying for expungement requires the following to have occurred:
An expungement is no longer an option when a juvenile is found guilty of a crime. Some exceptions allow juveniles convicted of Class C misdemeanors to complete a special probation known as deferred adjudication to prevent the conviction from being on their record.
Sealing a juvenile’s record is the alternate option when expungement is impossible. Texas does not automatically seal a record when a juvenile turns 18. At twenty-one, most juveniles qualify for recording sealing, with some exceptions. Any sex offense or aggravated felony committed by a juvenile does not qualify for expungement or sealing, but sealing is an option in the following cases:
A juvenile convicted of possession of alcohol by a minor also has the opportunity to expunge their record at the age of 21 when no other conviction of possession is committed. When alcohol offenses involve driving, more serious charges can carry lasting consequences, which is why working with an experienced underage DWI lawyer in Houston is critical to protecting a young person’s future.
There are multiple avenues for protecting a juvenile’s future at the time of arrest when you work with a Houston juvenile defense attorney to review the case and advocate for more favorable options and outcomes. Contact the Law Office of David A. Beston, Criminal Defense Attorney, for a free consultation and begin the process of guarding the future of a juvenile.