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Can I get my 17 year old's record Expunged or non-disclosed

Denton, TX |

she turns 18 next week. Over two years ago she was caught shoplifting at Dillards in Denton. She did probation for about 1 year. Has not gotten into any more trouble. Her record from DPS states Class "B" misdemeanor and adjudicated. Can we expunge her record or get a order of non-disclosure? Thanks ahead of time for your help.

Attorney Answers 6


Actually, while she's legally considered an adult now for criminal purposes, because she was a juvenile at the time, that case actually won't be subject to expunction or nondisclosure, as they only apply to "real" criminal cases. There is a procedure in place to have a juvenile record sealed, but for the specifics, you'd likely do better posting this in the Juvenile Law section, since that really is a pretty specialized area that most criminal lawyers don't handle. Good luck.

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If her case was adjudicated it sounds as if she has a conviction on her record. This means her case was not deferred and she does not qualify for an expunction or a nondisclosure. It should not be difficult for a competent attorney to figure this out during a free consultation. Good luck.

The information provided above is for informative purposes only. Hire your own lawyer for advice specific to your case.

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The information you are providing is a bit confusing. If your daughter was charged when she was under 17, then she was a juvenile. Most often juveniles with no history receive deferred prosecution for minor offenses or at most, 6 months of probation so it is kind of unusual she would be prosecuted and get a year probation. However, if she was a juvenile and served the probation, she needs to talk to someone who handles juvenile matters who can seal her record AFTER she turns 18 - they cannot do it before.

If she was instead 17, thus an adult, she probably got deferred adjudication probation which would mean after a successful completion, she could petition the court for nondisclosure which is also known as sealing - but it is different than in juvenile matters.

In any matter, she is not eligible for an expunction.

Although I have answered the question to try to help you, you should consult with a lawyer in your area in person on the matter. In addition, my answer does not establish an attorney-client relationship between us.

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As noted above, there are several necessary facts to provide a complete answer- was she 17 or under? If 17 or older did she successfully complete the deferred or was she adjudicated and convicted? If under 17 you need to repost this in Juvenile forum.
Either way, because the charge was not dismissed on the merits, but instead likely because she completed a probation, she cannot expunge the arrest/charge. She might be eligible for a non-disclosure however that all depends on if she successfully completed a deferred adjudication.

I handle these matters routinely in N. Texas and would be happy to look at whether she is eligible for you.

Good luck

Although my intent in answering this question is to aid you in the legal process, my answer does not establish an attorney-client relationship in any way. You should seek the advice and counsel of a qualified attorney in your community to evaluate your legal needs and to advise you. No Attorney-Client Relationship is created without the specific intent of both parties.

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If your daughter was adjudicated in a juvenile proceeding, her juveniles record may be sealed after she turns 21. The law used to be automatic sealing at age 18, then went up to 21. Now a petition must be filed in the adjudicationg court after age 21.

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Go to this link that should answer all of your questions.

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