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Can my criminal record be expunged and cleared completely?

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Suar17

Junior Member
What is the name of your state (only U.S. law)?
Texas

Can my criminal record be expunged and cleared completely?

I'm 17 years old and have a criminal record. At 12 years old I was charged with possession of marijuana in school and got arrested and taken to juvenile for it. When I was 14 years old I got convicted of a felony due to theft which may sound really bad but it honestly was all a misunderstanding for a great matter. I was also arrested at that time taken to juvenile and served a couple days. About 3 months after that I got caught with marijuana again and got arrested for it also and taken to juvenile and served 2 weeks for it. As you can see they are all convictions as I was and am still a minor and would with very much frustration like to know if I can get this off my record completely and off for good as if it never existed.
 
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CavemanLawyer

Senior Member
Actually you have not been convicted of anything. Juveniles can be adjudicated of an offense but its not considered a conviction. It appears on your criminal history (at least to law enforcement) all the same so it is absolutely a good idea to try to clean up your records.

The good news is that you may be able to have your juvenile records completely sealed which would remove it from any criminal history database and allow you to legally deny the offense ever happened. The bad news is that you cannot do it until you turn 21 because you were adjudicated of a felony.

The requirements to seal a juvenile record that includes a felony are that you turn 21 and have not been convicted of another felony after turning 17. So you need to stay out of trouble for now. Once you do turn 21 your juvenile record will automatically become "restricted." This just means that no one can see the juvenile file without a court order and a good reason. But to actually have the records sealed you simply petition the court. Most juvenile probation offices have the forms for this. If not check with the clerk's office division that handles juvenile records. Fill out and submit the form. There is a box with the option to request a hearing or not. Check no. If the district attorney's office doesn't object then the judge can, but doesn't have to, agree to the sealing without a hearing. If it is denied then I would submit the form again and this time request a hearing. The issue will be docketed with the court where your case was handled. You will then need to contact the court coordinator and request a hearing date. Show up in your best suit and convince them that you've changed.

Even though it takes another felony conviction to preclude you from seeking that your records be sealed, any other convictions for misdemeanors will still hurt. When a judge receives a request to seal a record pretty much the only thing they are going to care about is the severity of the juvenile offenses and the individual's criminal record since. So again, stay out of trouble.
 

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