Expunctions and Nondisclosures for Juvenile Records

There are lots of misconceptions surrounding juvenile records, with many parents assuming that they are automatically wiped when a minor reaches adulthood. Unfortunately, that isn’t the case—and the mistakes your child makes in their younger years may affect them for decades to come. If you don’t address these issues early, your child may struggle to get accepted to their chosen college, start a career, or even find a place to live. If you’re interested in expunction or nondisclosure, it’s time to reach out to a criminal defense attorney in Texas.

At Garza Law Office, PLLC, we believe in helping kids get a second chance. Everyone makes mistakes, but those mistakes don’t need to define the rest of your life. Attorney Dora Alicia Garza has built her career advocating for her clients, protecting their civil liberties, and ensuring that they get a fair shot at a future. Learn more about how our criminal defense law firm can help you now by calling us at 956-329-1304.

Expunction of Juvenile Records

When you expunge your record, an individual’s criminal charges and convictions are permanently erased. It’s as if the crime never happened, and not even law enforcement agencies can reaccess or reopen the expunged records.

Working with a criminal defense lawyer can make it easier to secure an expunction of your records. You have to meet certain requirements to get the court’s approval. Typically, you must have finished any court-ordered tasks, such as probation or community service.

Typically, it’s easier to get minor misdemeanors expunged than more serious crimes. Shoplifting, disorderly conduct, underage drinking, and vandalism are all convictions that a juvenile offender may be able to get expunged.

Expungement is also a potential option for more serious charges if charges are ultimately dropped or the individual is acquitted. But when we’re talking about more serious charges resulting in a conviction, sealing the records is more likely.

In some cases, non-violent felonies also qualify for expungement. It is significantly more challenging to secure an expungement in these cases, so talking to a criminal defense attorney may help you navigate this process more easily.

In the vast majority of situations, juveniles convicted of violent felonies are unable to get their record expunged. The state has an obligation to make choices that are in the best interest of public safety, and in many cases, expunging the record of someone with violent felonies behind them puts others in danger.

Nondisclosure of Juvenile Records

Used interchangeably with the term “sealing records,” securing an order of nondisclosure has benefits but isn’t quite as absolute as an expunction. An order of nondisclosure prohibits courts, police departments, and other entities from disclosing the records in question. This also means that the accused or convicted individual does not have to include information about the charges on job applications.

Unlike records that are expunged, records subject to nondisclosure orders can still be accessed by certain state agencies when necessary.

Across the board, the hurdles for getting an order of nondisclosure are easier to clear than those required for an expunction. For example, when we’re talking about felonies, juvenile offenders may have an easier time getting an order of nondisclosure than an expunction—particularly if they can prove that they have gone through significant rehabilitation and are no longer a danger to society.

Expunction vs. Nondisclosure: Key Differences That Matter

While we often talk about expunction and nondisclosure together, they are not the same, and it’s important to understand the difference in outcomes. Expunction completely eliminates the records in question, ensuring no one can access them. Nondisclosure restricts visibility and only makes these records accessible to public agencies that need access. Both can offer some level of protection to juveniles trying to start over and leave their mistakes behind them, but they operate differently.

Eligibility Factors

The courts may consider a wide range of factors when faced with a juvenile record relief request. They may look at:

• Age at the time of the offense
• Nature and severity of the offense
• If the juvenile completed all required probation and community service
• If the juvenile appears to understand the gravity of the offense and is not a danger to society

Once you’ve decided to pursue expunction or nondisclosure orders, it’s important to reach out to a criminal defense lawyer. The waiting periods and processes differ, and presenting the right evidence can give you a greater chance at getting your records expunged or sealed.

Find Out How a Criminal Defense Lawyer in Texas Can Help

If you’re wondering whether expunction and nondisclosure orders are an option for you, let’s talk more about your record and what comes next. Call us at 956-329-1304 or contact us online now.

Dora Alicia Garza

Dora Alicia Garza is a seasoned attorney based in Texas and the Founder of Garza Law Office, PLLC. She has built a respected practice across multiple areas of law, including criminal defense, family law, personal injury, guardianships & wills, estate planning & probate, immigration, debt defense and juvenile law. Learn more here.