Policy Background:
Youth who have been through the juvenile court system must have their privacy protected; this is a critical component of their rehabilitation. Indeed, significant barriers to education, employment, housing, and other services can stem from a juvenile delinquency record or from the unauthorized use or disclosure of confidential records.
Texas policy-makers should require juvenile records to be automatically sealed unless the prosecutor moves to have it unsealed.
Key Facts:
- Most juvenile records are fully open to employers, landlords, and schools because they are not on “restricted access.” This can negatively impact a person’s ability to attend school or access jobs and housing.
- Low-level youthful offenses seldom lead to serious crimes. A tracking study by Texas’ Legislative Budget Board revealed that only 1.8% of youth who entered deferred prosecution in 2011 were incarcerated in the following three years.1
Relevant Bills:
- Bill Number: HB 2863 [White]
Bill Caption: Relating to confidentiality, sharing, sealing, and destruction of juvenile records.
House Hearing Notice: Juvenile Justice & Family Issues, April 12, 2017
- Bill Number: SB 1304 [Perry; Sponsor: White]
Bill Caption: Relating to confidentiality, sharing, sealing, and destruction of juvenile records.
Senate Hearing Notice: Criminal Justice, April 4, 2017
House Hearing Minutes: Juvenile Justice & Family Issues, May 11, 2017
Outcome: Signed by the Governor; effective on 9/1/17
Other Bills Related to Juvenile Records:
-
Bill Number: HB 677 [Wu]
Bill Caption: Relating to the sealing of records of certain juveniles placed on determinate sentence probation.
House Hearing Notice: Juvenile Justice & Family Issues, March 15, 2017 -
Bill Number: HB 2059 [Phillips, Canales; Sponsor: Hughes]
Bill Caption: Relating to the expunction of certain convictions or arrests of a minor for certain alcohol-related offenses.
House Hearing Notice: Licensing & Administrative Procedures, April 3, 2017
Senate Hearing Notice: Criminal Justice, May 18, 201
Other Materials:
- Juvenile Records Advisory Committee: Supplemental Report [December 2016]
- Juvenile Records Advisory Committee: Legislative Report [November 1, 2016]
1 Legislative Budget Board, Statewide Criminal and Juvenile Justice Recidivism and Revocation Rates, February 2015, p. 3.