There are two ways a juvenile record may qualify for sealing under the Texas Family Code:
Sealing Records without Application (Auto Sealing) - Section 58.253
A person who was referred to a Juvenile Probation Department for delinquent conduct is entitled to have all records related to the person's juvenile matter sealed without applying to the Juvenile Court if the person:
- Is at least 19 years of age;
- Referred for misdemeanor or felony referral(s), and NO adjudication occurred;
- If adjudicated, for a misdemeanor offense only;
- Has no pending delinquent conduct matters;
- Has not been certified;
- Has not, as an adult, been convicted of a misdemeanor or felony punishable by confinement in jail; and
- Has no pending charges as an adult, for a misdemeanor or felony offense punishable by confinement in jail.
At age 19, if the above criteria are met, the record shall be automatically sealed. For further information regarding automatic sealing or to see if you qualify for automatic sealing please contact the Sealing Clerk at 817-838-4600.
Application for Sealing Records (Sealing with Application to the Court) - Section 58.256(c)
Criteria:
- Must be at least 17 years of age, or is younger than 17 years of age and at least one year has elapsed after the date of final discharge in each matter for which the person was referred to the Juvenile Probation Department;
- Does not have any delinquent conduct matters pending with any Juvenile Probation Department or Juvenile Court;
- Has not been certified;
- Has not, as an adult, been convicted of a felony; and
- Has no pending charges as an adult for misdemeanor or felony offense punishable by confinement in jail.
The Juvenile Court may NOT order the sealing of a record for a person who:
- Received a determinate sentence for engaging in conduct per Section 53.045;
- Habitual Felony Conduct as described by Section 51.031;
- Is currently required to register as a sex offender;
- Was committed to TJJD or to a Post-Adjudication Secure Facility, unless the person has been discharged from the agency.
Applications to Seal must be filed with the District Clerk's Office at 2701 Kimbo Road, Fort Worth, TX 76111 (817) 838-4645. Please refer to Section 58.256(b) of the Texas Family Code for helpful information that must be contained in the Application and Order to Seal. The Application/Order must also contain identifying information regarding each offense, the DPS Tracking numbers (if applicable) and all agencies involved with the juvenile record. Mailing of the Application/Order must be sent certified mail.
You may retain an attorney or file Pro Se. If filing Pro Se and under the age of 17, a responsible parent/guardian must appear at the sealing hearing with you.
Helpful resources:
Juvenile Services
