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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 88706
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am a Texas minor who has a petty theft, fighting, profanity,

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I am a Texas minor who has a petty theft, fighting, profanity, curfew violation, and minor in possession of tobacco on my record. All of this stuff is over 2 years old. I will soon be 17 and old enough to have pre-employment background checks run on me. Is there anything I can do as far as getting some of this stuff off of my record or at least sealed? I'm mainly worried about the theft misdemeanor. Please help me with anything I can do to pass these background checks
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Ely replied 2 years ago.
Hello, my name is Ely. I am here to help you. There may be a slight delay between your follow ups and my replies as I type out a reply. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.

I am sorry to hear about your situation. Can you please tell me how long it has been since your last conviction or discharge of adjudication for any criminal matter?

This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
Customer: replied 2 years ago.
1 year and 6 months
Expert:  Ely replied 2 years ago.
Justin,

Thank you. You told me that all of this stuff is 2 years old, but now you tell me that it has been 1 year and 6 months.

I am guessing you mean that the CHARGE was from 2 years ago, and the adjudication/discharge was 1 year and six months ago, correct?
Customer: replied 2 years ago.
Yes, the last charge is two years old however it was dismissed in court 1 year and 6 months ago.
It would probably help if I explained every situation. In 2007 I got in a fight in school and got a ticket which was dismissed right away. In 2008 I got caught with tobacco in school and received a minor in possession of tobacco ticket which I took a 2 hour class for and it was afterwards dismissed. Then I got a ticket for using profanity in school in 2009 and got 5 hours community service afterwards it was dismissed. I got a ticket for curfew violation and it was immediately dismissed in 2010. And lastly I got the petty theft ticket which was also immediately dismissed in 2011
Expert:  Ely replied 2 years ago.
Justin,

Sorry for the wait - I stepped away for a moment. I am typing out your answer now.
Expert:  Ely replied 2 years ago.
Justin,

So I have some good news - there is a way to redact said record. Tex. Fam. Code Sec. 58.003 allows you to file a petition once it has been two years since the last matter was discharged (so you have to wait 6 more months, I am afraid).

You'd have to show that since that time, for the 2+ years, you have been clean and had no charges or convictions of any kind. See here for the statute itself:

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.58.htm#58.003

Your attorney or guardian has to file a PETITION TO SEAL with the Court and have the Judge hold a quick hearing on the matter. If you can show that you have reformed and your previous convictions were not major ones for things like murder or sexual abuse, the record is sealed. This can be done within one filing and one hearing, so it is relatively fast. I am even including the petition to file below (within the packet):

http://www.texasfosteryouth.org/downloads/sealing_juvenile_records.pdf

Apologies for the wait. REPLY if you need anything else - good luck!

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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 88706
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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