Will son's juvenile record show up on an apartment application?

[wolfcreekgal]

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

I have a real problem I am hoping someone can help me with. My husband and I were recently approved for an apartment here in Texas thinking it would just be the two of us as our teen-aged son is graduating high school and planned on moving in with friends. His plan fell through and he will have to live with us for a while longer. The problem is, he had a determinate sentencing for aggravated sexual assault as a juvenile (having sexual contact with a girl who told him she was a LOT older than she actually was). His probation officer swears to me this can not be found out by an apartment complex (only police agencies), but I am not convinced. I am afraid to add him as an occupant on the lease for this reason, but he has nowhere else to go. My husband tells me not to worry about it, that he can just stay with us and we won't say anything. But, I am worried other residents will see him and it will get back to one of the managers that someone is living in the apartment that they are unaware of.

Any advice would be most appreciated. We are moving into our apartment in two weeks.

 

[CavemanLawyer]

Hate to break it to you but I do believe that your son's juvenile charge will not be restricted by DPS. This means that the record can be disclosed to third parties as well as law enforcement. So whether it shows up on the apartment's background check depends entirely on the quality of the service they are using. Many background checks do not pull up things like (non-restricted) juvenile charges or even things like deferred probation for adults. But it is entirely possible that it will. Also, unless he received deferred registration, he would have to be a registered sex offender. Those records are never exempted from disclosure and the apartment would have to clear him as an occupant anyway for multiple reasons (ex: internal policy, municipal ordinance, officer compliance checks.)

Generally juvenile records are automatically restricted once the "child" turns 21. Family Code 58.201. This means that only governmental agencies can see the record of the charge. But the automatic restriction does not apply to determinate sentences. [look at Family Code 58.203(2) which references 53.045.] Determinate sentencing is somewhat rare. My guess is that your son's probation officer doesn't realize that these sentences are treated differently than other juvenile charges for purposes of release of records.

DPS maintains a search function for criminal records. You have to sign up and purchase credits to use it. Maybe try seeing if your son's charge shows up there. If you can see it chances are the apartment will too.

https://records.txdps.state.tx.us/dpswebsite/criminalhistory/

 

[wolfcreekgal]

Hate to break it to you but I do believe that your son's juvenile charge will not be restricted by DPS. This means that the record can be disclosed to third parties as well as law enforcement. So whether it shows up on the apartment's background check depends entirely on the quality of the service they are using. Many background checks do not pull up things like (non-restricted) juvenile charges or even things like deferred probation for adults. But it is entirely possible that it will. Also, unless he received deferred registration, he would have to be a registered sex offender. Those records are never exempted from disclosure and the apartment would have to clear him as an occupant anyway for multiple reasons (ex: internal policy, municipal ordinance, officer compliance checks.)

Generally juvenile records are automatically restricted once the "child" turns 21. Family Code 58.201. This means that only governmental agencies can see the record of the charge. But the automatic restriction does not apply to determinate sentences. [look at Family Code 58.203(2) which references 53.045.] Determinate sentencing is somewhat rare. My guess is that your son's probation officer doesn't realize that these sentences are treated differently than other juvenile charges for purposes of release of records.

DPS maintains a search function for criminal records. You have to sign up and purchase credits to use it. Maybe try seeing if your son's charge shows up there. If you can see it chances are the apartment will too.

https://records.txdps.state.tx.us/dpswebsite/criminalhistory/

Thank you SO much!!!!! I did exactly what you recommended and it did NOT show up!!!! Yes!