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TEXAS JUVENILE JUSTICE SYSTEM FILES AND RECORDS
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A Parent and Child's Guide to understanding Automatic
Restriction of Access to Records
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| Who has a "Juvenile File and Record" in Texas? |
| If you have been arrested, taken into custody or charged with a
criminal offense (Class A or B misdemeanor or any felony) that was
committed when you were at least 10 years old but younger than 17
years old, you probably have a juvenile file and record. You may also
have a juvenile record if you were charged with some Class C misdemeanor
offenses if the justice or municipal court transferred your case to
a juvenile court. |
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| What are "Juvenile Justice Files and Records"? |
| Under the record keeping system for juvenile records in Texas, if
a juvenile was adjudicated for delinquent conduct (Class A or B misdemeanor
or any felony), the juvenile probably has a juvenile record with numerous
entities including local law enforcement, the Texas Department of
Public Safety (DPS) and the Federal Bureau of Investigation (FBI).
That record is a permanent record that is not destroyed or erased
unless the record is eligible for sealing and the child or the child's
family hires a lawyer to file a petition in court to have the record
sealed. |
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Who usually has access to Juvenile Records?
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| While juvenile files and records are generally confidential, there
are some important exceptions. A juvenile record can be accessed by
police, sheriff's officers, prosecutors, probation officers, correctional
officers, and other criminal and juvenile justice officials in this
state and elsewhere. Also, the record may be available to employers,
educational institutions, licensing agencies, and other organizations
when the person applies for employment or educational programs. Juvenile
treatment records (counseling, placement, drug treatment, etc.) are
confidential and accessible only to authorized users. |
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What is the "Automatic Restriction of Access
to Records System"?
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In Texas there now exits a records system that is designed to limit
access to your juvenile records after you reach 21 years of age
if you do not commit criminal offenses after becoming 17 years of
age. The system is called "Automatic Restriction of Access
to Records." This is in addition to your opportunity to
have your records sealed and destroyed under other provisions of
the Texas Family Code.
Under automatic restriction of access to records, your records
are not destroyed or sealed. They remain in place, but under restricted
access. They are available only to criminal justice agencies for
criminal justice purposes, such as investigating and prosecuting
crimes. For all other inquires-employment, education, etc.-the holder
of the records is required to reply that the records "do not
exist" and you are legally allowed to deny that you were arrested,
prosecuted or adjudicated for a crime.
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How do a Juvenile's Records become eligible for
"Restricted Access"?
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For restricted access to take place, no action is required by the
child or the child's family. You do not have to file a petition
or hire a lawyer. The process occurs automatically at age 21 if,
since your 17th birthday, you have not
- committed a felony or a Class A or B misdemeanor; or
- received deferred adjudication for or been convicted in adult
court of a Class A or B misdemeanor or a felony.
If you meet the requirements set out above you will be given a fresh
start when you reach age 21. This allows you to pursue various employment
and educational opportunities without your past records in the juvenile
system to harm you. But remember, this opportunity will only happen
if you do not commit any criminal offenses. |
| What does it mean if records are placed on "Restricted
Access"? |
| If a juvenile's record is placed on restricted access when the respondent
becomes 21 years of age, access to the record will be denied to employers,
educational institutions, and other persons who may want the information.
Only criminal justice agencies will have access to these records and
only for a criminal justice purpose, which includes investigation
of crimes and for the screening of persons who apply for employment
in a criminal justice agency. |
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What records are not eligible for "Restricted
Access"?
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The only juvenile records that are not eligible for automatic restricted
access are cases that were:
- handled as determinate sentences cases by the juvenile court;
- certified (transfered) to adult criminal court to be handled
in the same manner as adult cases; or
- prosecuted in justice or municipal court.
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What about Gang Records?
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| Information about gang activity is maintained by DPS in gang book
records as authorized by law. These records are exempt from the new
system because the access to these records is already limited to criminal
justice for a criminal justice purpose. |
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What about Sex Offender Records?
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| Sex offender registration records are exempted from the Restricted
Access system because the purpose of registration is to notify the
public. If you are a registered juvenile sex offender, you may have
the right to have your records sealed once your obligation to register
expires. Also, there are other legal proceedings that may allow reconsideration
of your obligation to register. Talk to your probation or parole officer
about these, or speak to a private attorney. |
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How does the "Restricted Access" records
system benefit my child?
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If a juvenile's records are placed on restricted access, the juvenile
may;
- deny the existence of the juvenile record; and
- deny the arrest, prosecution or adjudication ever happened.
For example, once your juvenile records are on restricted access,
you may legally answer, "NO" when a job application, educational
or occupational licensing application asks, "Have you ever
been arrested, convicted or adjudicated of a crime?"
It is important to understand that if you committ a crime after
turning age 17 and you are convicted of or placed on deferred adjudication
for the offense in adult criminal court, your records are not eligible
for Restricted Access. You do not have the right to deny the existence
of your juvenile record. If you deny in this situtation, you could
be prosecuted for perjury (failing to tell the truth).
If you commit a crime after turning 21, your records will be removed
from restricted access. You would then also lose your right to deny
the existence of your juvenile record.
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What should I do to make sure my records are
placed on "Restricted Access"?
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To be sure your records are eligible for and placed on restricted
access you must:
- successfully complete your period of probation or parole with
no violations; and
- commit no criminal offense after becoming 17 years of age.
The Restricted Access system truly gives juveniles the opportunity
for rehabilitation and a fresh start if they do not commit any further
criminal offenses.
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When does this new system take effect?
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| The new law goes into effect September 1, 2001. It applies to all
juveniles records created before, on or after September 1, 2001. |
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Should I still try to get my records sealed or
destroyed?
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| The sealing and destruction of juvenile records procedures do offer
some additional benefits to a juvenile and may be the preferred course
of action. To have your record sealed, you must initiate a formal
court proceeding and may need an attorney. Also, if you have criminal
records in a justice or municipal court, special expungement procedures
apply. If you have questions about any of these procedures, discuss
them with your attorney or your probation or parole officer. |
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A Publication By The Texas Juvenile Probation Commission and
Texas Youth Commission September 2001
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