Sealing or Destroying Juvenile Records in San Antonio: Protecting a Young Person’s Future in Texas

A mistake made during childhood should not become a life sentence of missed opportunities. In Texas, the juvenile justice system is designed to focus on rehabilitation, not permanent punishment. A critical part of this philosophy is the legal right to seal or destroy juvenile records, preventing a youthful error from haunting an individual into adulthood. Whether your child has completed a term of probation, had their case dismissed, or even been adjudicated, Texas law provides powerful mechanisms to restrict public access to these records. At Barton & Associates, Attorneys at Law, our San Antonio juvenile law attorneys guide families through the complex processes of securing Orders of Nondisclosure and Expunctions for juvenile records in Bexar County. We help ensure that a juvenile record does not become a permanent barrier to education, military service, employment, or housing.

Understanding Juvenile Records in Texas: Not the Same as Adult Criminal Records

First, it’s essential to understand the distinction. A “juvenile record” refers to the file created when a person under the age of 17 is referred to juvenile court for delinquent conduct (conduct that would be a crime if committed by an adult). These records are generally confidential during the juvenile’s minority but can become accessible later in life if not properly sealed.

Juvenile proceedings are civil, not criminal, and findings are “adjudications,” not “convictions.” However, many applications for jobs, colleges, professional licenses, and military service ask about any juvenile adjudications. Without sealing, these records can be disclosed, causing significant harm.

The Two Primary Remedies: Sealing (Nondisclosure) vs. Destruction (Expunction)

Texas law provides two main avenues for managing juvenile records, each with different effects and eligibility requirements.

1. Sealing Juvenile Records: The Order of Nondisclosure

Sealing a record means restricting its access. Once sealed, the record is confidential and cannot be disclosed to most private entities or the general public.

Legal Effect: The record is not destroyed. It is placed under seal and is accessible only by certain juvenile justice agencies and in limited circumstances (e.g., if the person is later prosecuted as a serious habitual felony offender).
Who Can Petition: Generally, a person may file a petition to seal their juvenile records two years after the juvenile court’s jurisdiction ends (which is typically at age 19) or two years after unconditional discharge from the Texas Juvenile Justice Department or a post-adjudication correctional facility, whichever is later.
Key Consideration: There are important exceptions. Records for certain violent or severe felony-level adjudications (Title 3 Offenses) may never be eligible for sealing if the individual was 14 or older at the time of the offense. This includes crimes like murder, aggravated robbery, and sexual assault.

2. Destroying Juvenile Records: The Expunction

Expunction is the complete destruction or return of the records. It is the most complete form of relief and treats the matter as if it never occurred.

Legal Effect: Physical and electronic records are destroyed or returned to the person. The individual may legally deny the occurrence of the arrest, referral, and adjudication.
Eligibility for Expunction is more limited and typically requires one of the following:
- The juvenile was referred to court but no adjudication or delinquent conduct was found (e.g., the case was dismissed).
- The juvenile was adjudicated but the adjudication was later overturned or vacated on appeal or by a writ.
- The juvenile successfully completed a First Offender Program under Family Code § 58.001, and the case was dismissed.
- The conduct is no longer considered illegal (decriminalized).

The list below summarizes the key differences:

Legal Outcome: Records are confidential and access is restricted. Records are physically destroyed or returned.
Common Eligibility: Most juvenile adjudications, after required waiting periods. Non-adjudicated cases (dismissals), overturned cases, certain first offender programs.
Permanent Bar: Certain violent felonies (Title 3 offenses) if 14+. Generally, no permanent bars based on offense type for non-adjudicated cases.
Effect on Background Checks: Sealed from most public/private checks. Legally erased; person may deny it occurred.

The Step-by-Step Legal Process for Sealing Juvenile Records in Bexar County

The process for obtaining an Order of Nondisclosure for juvenile records is formal and requires navigating the specific procedures of the Bexar County juvenile courts.

Step 1: Comprehensive Case Review and Eligibility Determination
We begin by obtaining the complete juvenile file from the Bexar County Juvenile Probation Department and the court. We analyze the specific offenses, the final disposition, the child’s age at the time, and the date of discharge to determine the correct waiting period and which remedy (sealing or expunction) is available.

Step 2: Preparing and Filing the Petition
We draft a thorough Petition for Nondisclosure of Juvenile Records (or a Petition for Expunction, if applicable). This petition must be filed in the juvenile court that originally handled the case. It details the legal basis for sealing, proves all statutory waiting periods have been met, and includes a verified copy of the petitioner’s fingerprint card, which is a mandatory state requirement.

Step 3: Serving Notice and the Court Hearing
The petition must be served on the Bexar County District Attorney’s office and the Juvenile Probation Department. The District Attorney has the right to contest the petition. A hearing is then scheduled. We prepare our client (now a young adult) for court, advising them on what to expect and how to present themselves respectfully to the judge.

Step 4: The Court Hearing and Judicial Discretion
At the hearing, the judge will review the petition and hear any arguments. Even if all statutory requirements are met, the judge retains broad discretion to grant or deny the petition. The judge will consider factors such as:

The person’s conduct and rehabilitation since the juvenile matter.
The seriousness of the original offense.
Any subsequent criminal history.
The person’s current need for the record to be sealed (e.g., for college, military, or employment).

We advocate strongly for our client, presenting evidence of their rehabilitation, such as school records, employment history, and character references, to demonstrate they are a good candidate for this second chance.

Step 5: Obtaining and Enforcing the Order
If the judge grants the petition, they will sign an Order of Nondisclosure. This order legally binds all agencies—the juvenile court, probation department, law enforcement, and the Texas Department of Public Safety (DPS)—to seal the records. We ensure the order is properly distributed and followed up to confirm compliance.

Why Legal Guidance is Critical for Juvenile Record Sealing

Navigating Complex Eligibility Rules: Misunderstanding the “Title 3 offense” exclusions or miscalculating waiting periods can lead to a denial after months of effort and wasted filing fees.
Managing Discretionary Decisions: A petition that merely lists statutory eligibility is often insufficient. Success requires persuading a judge, which demands a strategic presentation of the young person’s rehabilitation and future goals.
Procedural Precision: The requirement for fingerprint cards, specific service of process, and filings with the DPS make this a process where technical errors can cause significant delays or denials.
Addressing Prosecutorial Objections: The District Attorney may object to sealing, especially for more serious matters. Effective legal advocacy is necessary to counter these objections and protect the young person’s interests.

The Barton & Associates Approach: Compassionate Advocacy for Families

We understand that juvenile cases are deeply sensitive family matters. Our approach combines legal expertise with empathy.

Clear Communication with Parents and Youth: We explain the process in understandable terms for both parents and the now-young-adult client, ensuring everyone is informed and comfortable.
Focus on Rehabilitation and Future: We help gather positive evidence—diplomas, pay stubs, volunteer records—that tells the story of growth and responsibility since the juvenile incident.
Local Bexar County Experience: We are familiar with the procedures and personnel of the Bexar County Juvenile Courts, which allows us to navigate the system efficiently and effectively.

A juvenile record should be a closed chapter, not a life sentence.

Taking proactive steps to seal or expunge a juvenile record is one of the most impactful investments you can make in a young person’s future. It clears the path for higher education, meaningful careers, and service to the community.

If you or your child has a juvenile record in San Antonio, Austin or Corpus Christi, Texas contact Barton & Associates, Attorneys at Law at 210-500-0000 for a confidential consultation. We will review the juvenile file, explain all available options, and outline a clear strategy to secure the confidentiality or destruction of those records.

Main Category: Criminal Defense
Practice Area Category: Expungement & Sealing
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000