Facing criminal charges as a minor can be confusing and scary, not just for the teen but for the whole family. In Texas, a case involving a minor is handled differently from an adult case, usually in the juvenile justice system. While the system focuses on supervision and rehabilitation, a finding of "delinquent conduct" can result in a permanent record. Many people assume that a juvenile record disappears when a teenager turns 18. This is not always the case, and the consequences can have a significant impact on the rest of a young person's life, affecting everything from college applications to job interviews. Being proactive and having knowledgeable legal guidance is essential to protect a minor's future opportunities.
If your child is facing juvenile charges in Georgetown, TX, please contact Winters & Chidester immediately at (512) 961-4555 or submit your inquiry through our online contact form. We are here to provide the dedicated and experienced defense counsel your family needs to fight for the best possible outcome.
What Makes a Juvenile Record Different in Texas?
In Texas, the juvenile justice system is considered civil, not criminal. This means when a minor is accused of breaking the law, they are charged with "delinquent conduct." The court focuses on supervision and rehabilitation rather than punishment. However, this distinction does not mean the consequences are minor.
The court maintains a permanent record of the proceedings, which includes details about the offense and the court's final ruling. For certain serious offenses—especially felonies, aggravated crimes, or those involving dangerous drugs like drug trafficking—the court has the option to certify the minor to stand trial as an adult. This is known as "waiving jurisdiction." This serious action places the case directly into the adult criminal system, where the penalties are much harsher.
Long-Term Impact: How a Juvenile Record Can Affect Life After 18
One of the most concerning aspects of a juvenile record is how often it appears later in life. Even without being certified as an adult, a juvenile record can be seen by many people in power. The effect of this record is often felt most when a young adult is trying to establish a career or pursue higher education. Winters & Chidester is dedicated to relentlessly protecting a minor's future, as we understand the high stakes involved.
College Admissions and Scholarships
Many parents worry about college applications. While most colleges cannot access all juvenile records, some universities—especially those that are government-funded—may request access.
- Financial Aid: Serious offenses, particularly those related to drug distribution or organized crime activities, can jeopardize access to federal student aid. This includes a variety of popular loans and grants.
- Application Questions: Nearly every application asks a version of the question: "Have you ever been convicted of a crime?" A finding of delinquent conduct is not an adult conviction, but answering this question correctly can be confusing. It is crucial to have legal counsel review the approach to take.
Employment and Professional Licensing
Most employers conduct background checks. While they cannot always see a sealed juvenile record, they can access adult criminal records, and their checks can be thorough.
Here is where a record can create barriers:
- Government and Sensitive Jobs: Positions with federal, state, or local government often require thorough background checks that may reveal juvenile history.
- Professional Licenses: Licenses for fields like nursing, law, teaching, or real estate are regulated by state boards. These boards often require applicants to disclose any prior court history, including juvenile cases. A record may not automatically disqualify someone, but it will require a detailed review and can prevent approval from being granted.
- Military Enlistment: Joining the military requires a comprehensive background check. Certain juvenile offenses can disqualify an applicant or require a special waiver that is not guaranteed.
Protecting Your Child's Future: Sealing and Expungement in Texas
The state of Texas offers legal options for sealing or restricting access to juvenile records. This is referred to as expunction or sealing the record. Pursuing this as soon as possible is a key step in ensuring a fresh start.
Here are your options:
- Expunction: This is the best possible outcome. It means the court orders all records of the arrest and court case to be destroyed. The person can legally deny that the offense ever occurred. This is often possible for minors who were acquitted or had their cases dismissed.
- Sealing: This restricts access to the records, preventing them from being viewed by the public or non-judicial agencies. It is an option for many cases that result in a finding of delinquent conduct. Still, the process has specific eligibility requirements and waiting periods based on the offense.
- Ineligibility: Certain serious crimes, such as drug trafficking or capital felonies, may render a record ineligible for expunction or sealing. This is why an immediate and relentless defense is so crucial from the moment of arrest.
Relentless Defense for Your Child's Future
The moment a minor in Central Texas faces charges, their future is at risk. The potential consequences—from jeopardizing college financial aid to blocking professional careers—are simply too high to face alone. As former prosecutors, the attorneys at Winters & Chidester are experienced in juvenile law and understand both sides of the courtroom.
If you are searching for a lawyer in Georgetown, TX, who will provide dedicated and determined advocacy for your child, contact us today. Let us put our experience to work for your family to ensure the best possible resolution. Call us now at (512) 961-4555 or learn more about how we fight serious charges on our Criminal Defense Services page.