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sealing records

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chaosfairy

Junior Member
What is the name of your state? Texas

When my brother was 12 (his birthday is June 6) he played I'll show you mine if you show me yours with our 9 (her birthday is June 2) year old cousin. The incident happened between their two birthdays, with her having just turned 9 and he not yet 13. At first this little act was kept within the family and brushed off as brats being brats where it should have stayed. Later after he had turned 13 HER oldest sister found out what happened and blew it out of proportion and called CPS and accused him of RAPING the 9 year old.

It boils down to both children being ripped out of school and he arrested and her interrogated. She NEVER accused him of any impropriety and none was put on record in court. He was charged with INDECENCY with a minor, tried as a 13 year old even though the judge himself had said that if he were 12 there would not have been these consequences but as it stood he couldn't willingly let him 'skate'. My brother was sentenced to 6 months JD and probation, sex offender registration until he was 24.

A boy earlier that same court date had almost IDENTICAL charges and walked scot free. It was first offense for both boys.

My brother is now 21 and very suicidal because his record is not sealed! And apparently can not be sealed until he no longer has to register. As I see it, this boy did not ruin his own life, my busy body cousin ruined the whole family. At first there was a LOT of tension but after the cousin went to prison herself for drugs things got better because she was no longer there to stir the pot and keep it fresh. She got paroled recently and she planted marijuana on him and turned him in. I know she did this because she TOLD me she did it, gloating. Needless to say I wanted to do her some harm but instead I went to his attorney.

Unfortunately, he said there is now NOTHING to be done to seal his record because possession is a class a or b misdemeanor... and NOW my brother has to attend SEX OFFENDER counseling because of the misdemeanor pot thing and he spends weekends in jail, he can't have unsupervised visits with his OWN child anymore because the child is under the age of 3 and a whole litany of other things he "CAN NOT" do. I never asked for life to be fair, but shouldn't there be a way to make it better than this?

All I am asking for here is help getting his juvenile record sealed/destroyed. I don't want your opinions on the situation or anything else. Just please tell me IF I can help him with the record. Or if his attorney was right, there's nothing to be done now, or if he just wants more money. I'll get more money if that's what I need to do. I'll get a different attorney. I'll do whatever it takes. I just want some options. Thank you.
 


CavemanLawyer

Senior Member
Not that it really matters now but I don't understand this age 12 and age 13 distinction. The age that a person enters the juvenile system in Texas is 10 and they remain a juvenile until 17 and the Juvenile system has jurisdiction over them until they are 18. I don't understand what difference it makes whether he was 12 or 13 at the time of the offense or the time of the disposition. Assuming the facts are all as you say, I'm baffled how he was adjudicated of this offense. Did he plea? If so than for the love of god why???

To answer your actual question, yes your brother's attorney is correct. If adjudicated for a felony grade offense than you cannot seal your juvenile record until at least the age of 21, provided other conditions are met as well. (Section 58.003(c) Family Code.) But if convicted of a sex offense and required to register than that record cannot be sealed if the person has a continuing obligation to register. (Section 58.003(n) Family Code.)

Other than waiting until the registration term ends, the only other option is to file a motion to de-register as a sex offender, which carries a very high burden. If granted than your brother can then seek to have his records sealed.

That marijuana offense carries some immediate punishment of course but it will have no effect on the sealing of records. The only convictions that prevent the sealing of felony juvenile adjudications are other felonies. Even for non-felony adjudications, you can still seal them unless you commit a felony or a misdemeanor crime of moral turpitude, (drug offenses don't count.)
 

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