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Texas Application for Expunctions for Juveniles- Penal Offenses

State:
Texas
Control #:
TX-ELPS-54
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PDF
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Application for Expunctions for Juveniles- Penal Offenses

Texas Application for Exp unctions for Juveniles- Penal Offenses is a form used by individuals under 18 years of age who have been convicted of a Penal Code offense and are seeking to have their records expunged. The form is available from the Texas Department of Criminal Justice and is used to request that the court erase the criminal history record information of a juvenile offender. There are three types of Texas Application for Exp unctions for Juveniles- Penal Offenses: Exp unctions, Orders of Non-Disclosure, and Sealing of Records. Exp unctions are the most comprehensive form of relief and seek to erase all records of the offense from the juvenile offender's criminal history record. An Order of Non-Disclosure prohibits certain criminal justice agencies from disclosing the information to the public. Sealing of Records limits access to certain criminal justice agencies, while still allowing the individual to access the records.

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FAQ

The timeframe for receiving an expunction is (1) at least 180 days from the date of the arrest for an offense punish- able as a Class C misdemeanor, (2) at least one year from the date of the arrest for an offense punishable as a Class B or A misdemeanor, or (3) at least three years have elapsed for an offense

An individual with juvenile records available for sealing may file an application for sealing of records in a juvenile court of the county in which the proceeding occurred. Juvenile records ordered sealed by the court are removed from the criminal history database.

Crimes That Cannot Be Expunged in Texas Capital Murder. Indecency with a Child. Aggravated Kidnapping. Aggravated Sexual Assault. Aggravated Robbery. Sexual Assault. Injury to a Child, Elderly Individual, or Disabled Individual. Criminal Solicitation.

Your juvenile records are sealed automatically at age 18 if ? If you were referred to juvenile court for conduct in need of supervision (or CINS) and never referred for delinquent conduct, your records are sealed when you turn 18, as long as you do not have an adult felony conviction or any pending adult charges.

The only requirements for expunction eligibility under the category described in Texas Code of Criminal Procedure Section 55.01(a)(2)(B) are that 1) you has been released, 2) the charge, if any, has not resulted in a final conviction and is no longer pending, 3) there was no court-ordered community supervision, unless

Basically expunction and expungement mean the same thing but expunction is now the correct legal form in Texas.

Juvenile records in Texas can be automatically sealed if: a person was referred to juvenile court for conduct indicating a need for supervision (CINS) and never referred for delinquent conduct, or. if they were referred for delinquent conduct but never adjudicated or were adjudicated for a misdemeanor but not a felony.

For those of juvenile age, class C misdemeanors in justice or municipal court are confidential and may not be disclosed to the public. If you have only one conviction prior to your 17th birthday, you may be able to have certain offenses ?expunged? or removed from your record.

Depending on the class of offense, there is a mandatory waiting period before a court can take any request for expungement or nondisclosure. It is 180 days after a Class C misdemeanor arrest, a year in case of Class A and B misdemeanors, and 3 to 5 years following an arrest for felonies.

More info

The juvenile department will provide a copy to the district attorney's office and file the application with the court. 1. You must fill out this document completely.The Petition must list each juvenile case that you are asking to expunge. Juveniles Charged with Criminal Offenses. (2) the offense was alleged to have occurred. Chapter 55 governs the expunction of criminal records. To "expunge" is to "erase or remove completely. All other juveniles must file a petition to request expungement after an applicable waiting period. No automatic sealing or expungement of records in statute. ; No automatic sealing or expungement of records in statute.

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Texas Application for Expunctions for Juveniles- Penal Offenses