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Do school districts in Texas have access to juvenile criminal records or a sealed adult criminal record?

Houston, TX |

My juvenile record is not sealed, it consists of a class b misdemeanor. My adult record is sealed and consists of a class b misdemeanor as well. I have recently been offered a position by a school district in Texas and on the initial application I denied any criminal history (because my record is sealed). Now that I have been hired and am going through Human resources, their background check seems to be more vigorous (I don't even know if they conducted a background check on my initial application). Now, at this point in the hiring process, they are also asking me for my juvenile criminal history. Should I disclose my juvenile and sealed adult criminal history at this point? Or should I continue to deny it? Please HELP!

Attorney Answers 1

Posted

First, congratulations on actually going through the process of cleaning up your adult record. Too many people don't that the time and effort to follow through. You use the term "sealed" for your adult record. I'm not sure that is the proper terminology. You either filed an expunction (Which is a complete erasing of all of your criminal records following a dismissal or an acquittal) or you filed a petition for non-disclosure (Which is the process of hiding your records following a successful completion of Deferred Adjudication). The difference is important. An expunction, if done correctly, should prevent anyone from knowing about your adult criminal history. A petition for non-disclosure will not hide your records from a state or governmental agency. As for the juvenile record, although those records are stored differently and are much more difficult to find, you should still take the time to pursue sealing those records (Yes, that is the proper terminology for cleaning up juvenile records).

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