If you were involved in the juvenile justice system, you may still be carrying the weight of the past. Fortunately, there are several pathways in Texas to limit public access to your previous records, so you can move forward without the burden of a visible criminal history.
Automatic restrictions, record sealing and expunction can all help open doors to employment, education and personal growth. Understanding the differences between these legal tools can help you address your record while reclaiming your future.
Automatic restriction of access
In Texas, the Automatic Restriction of Access to Records System (ARRAS) limits access to certain juvenile records without the need for a separate court order. In most cases, when someone who was charged as a juvenile turns 17 or 21, depending on the offense level, the state automatically restricts their nonviolent juvenile records. This happens as long as they have no adult misdemeanor or felony convictions and no pending criminal charges.
Sealing juvenile records
Individuals may also ask the court to seal their juvenile records earlier. They can often do it as soon as they reach 18 or 19 years old, depending on the circumstances and eligibility requirements.
When the court seals a record, the law treats it as though it never existed and can provide significant benefits to the person involved. In most situations, the individual may legally deny the arrest or adjudication on job applications and in other settings where a criminal record might otherwise create a barrier.
Defining expunction in Texas
Texas law makes an important distinction between sealing a record and having it expunged. Sealing keeps the record out of public view. Expunction goes further and destroys the record for good. In Texas, expunction is only allowed in certain cases, including:
- Case dismissal
- Acquittal
- Involvement of some Class C fine-only misdemeanors
These rules are very detailed, and qualifications often depend on how the case ended. For example, probation ordered by the court can affect your options differently than deferred adjudication. Deferred adjudication may still allow sealing in many cases, but it usually does not allow a full expunction.
Helping you clear your name
Committing a crime in your youth does not have to follow you into adulthood. When seeking to clear your record as an adult, you have a number of available options. A Texas criminal defense attorney can review your juvenile history to help you determine what relief is best for you.