JUVENILE LAW
Although juvenile cases are a mix of both civil and criminal law in the State of Texas, many sentences (or “dispositions” as they are referred to by the Family Code) involve criminal penalties such as detention (jail) or placement in a lock-down facility. While the vast majority of juvenile offenders will receive some form of probation, some significant consequences of even probation can affect the juvenile offender. For instance, even a short probated sentence for a felony level offense can prevent acceptance to one’s college of choice. This is because felony convictions (called “adjudications”) stay on the child’s record and may not be sealed until he or she is 21 years old. In addition, the judge gets to decide in his or her discretion whether to seal the case or not at that time.
Great care should be taken in choosing an experienced and knowledgeable attorney who can advise you effectively in juvenile court. Even the simplest of cases can turn into a nightmare in the case of some kids. All teenagers go through some period of rebellion from their parents as they work to become independent. However, some kids rebel more than others. If your child is under the supervision of a juvenile court, even petty issues and minor violations can lead to strong punishments: such as a prolonged confinement in a facility outside of your hometown or even a commitment up to the age of 21 in the Texas Youth Commission (the Juvenile Penitentiary system). In effect, if your child is on probation, the juvenile court becomes another “parent” of your child. Each case is obviously different, and must be reviewed on an individual basis. Many parents believe that it is not worth spending any money on an attorney in juvenile court. This approach has lead to many painful realizations later on down the road. Please make your decision on whether to hire a competent and knowledgeable attorney wisely.
SEALING JUVENILE RECORDS
Many people are under the false impression that the records from juvenile court are secret, and that future employers and schools will never find out about them. This is simply are accurate. To some degree, records of juveniles are privileged. However, many perspective employers or schools will require that an applicant sign a release of information that will allow them to investigate juvenile records. Moreover, because of the ease of obtaining information over the internet, juvenile records are easily discoverable.
Nevertheless, Texas State law wisely allows for the sealing of most all juvenile offenses. The problem, however, is that the vast majority of eligible cases are never sealed. Most people just assume that their child’s record will be automatically sealed. They are not. You must move at the appropriate time to seal them. In many cases, an experienced and well-practiced attorney can seal your child’s record—or even your own record—without your having to go to court at all. Each case is different, and the determination of what will occur is case specific.
DE-REGISTRATION OF JUVENILE SEX OFFENDERS
Luckily, the Texas legislature recognizes that many juvenile offenders who have been labeled as “sex offenders” are indeed not, and will not reoffend. Knowledgeable health care professionals and forensic psychologists and psychiatrists have known for years that juvenile sex offenders are many times individuals who committed a sex crime but are not individuals who will grow up and continue to commit such crimes. There is a great deal of literature that demonstrates that labeling all such children as “sex offenders” after they have received treatment and proper evaluations is a crime in and of itself.
Depending of the facts and circumstances of your child’s case and treatment progress, your child may fall into the category of meriting de-registration. Careful review of each individual’s case is necessary in order to evaluate properly each child’s situation. Successful de-registration of your child’s case can greatly improve his or her quality of life and chances for a successful and happy future.
