Felony assault confusion!

[SoConfused]

Even if the offense occurred as a juvenile, certain records even if "sealed" are available to law enforcement agencies for investigative purposes.

What you probably need is expungement.

If the charge was a felony level assault, you will need to consult an attorney and see what your options are about getting it cleared.

If you can purchase firearms already then there should be some level of relief available to you.

According to my attorney who specislizes in Dallas county juvenile criminal defense, juvenile records aren't ever eligible to be expunged like adult records, meaning the records are destroyed completely. However, they are sealed to the public at 21 and I am now petitioning to have them completely sealed, meaning government agencies will no longer have access, even for investigative purposes. I may even claim legally that it never happened. So basically, it's identical to being expunged, with the exception of the records still existing. The only trouble this could ever cause me is if the law were to be changed or reversed into the future, the records could be recovered and unsealed.

[SoConfused]

Attorney ordered my file from the records division of the clerks office on March 31. Still waiting.

[SoConfused]

Update!
I'm going to be 100% forthcoming here in case it helps anyone else. I got a DPS letter today asking for dispositions on three arrests, all juvenile. First, here are my three arrests...

8-31-1996 Burglary of Habitation
5-01-1997 Prohibited Weapons
7-24-1997 Assault causes bodily injury family violence (please provide the judgement and sentence, complaint and information from the court, and the offense/arrest report from the arresting agency)

The letter said I have 90 days to provide these records or my application will be terminated. I just spoke with my attorney, who has all of these records and dispositions. She's working to have the arrests sealed, but doesn't think it will be fast enough. However, all of the dispositions are either nonexistent or favorable, so she's getting certified copies of the arrests tomorrow to send to Austin. Basically, I don't need these records sealed to get my LTC (if she's correct), so the certified dispositions will suffice. However, I'm still having all records sealed to ensure I never have to deal with this again.

I'll continue to update this thread.

[RPBrown]

Hate to burst your bubble but the words after the assault (family violence) will most likely disqualify you. Had that not been there, you may have had a good chance.

[Keith B]

The assault family (domestic) violence may be an issue. That is a permanent disqualifier for LTC unless it gets expunged and totally removed from your record.

[SoConfused]

Hate to burst your bubble but the words after the assault (family violence) will most likely disqualify you. Had that not been there, you may have had a good chance.

That's entirely possible. My understanding is that an arrest, even for an offense that is a permanent disqualifier, isn't enough to be denied. Doesn't there have to be a disposition of guilt? If not, it seems they would have simply sent a denial letter rather than a request for further info. Time will tell, but looks like at least good info will end up here for the next ex juvenile delinquent in my situation.

Also, all of the arrests are in the process of being sealed. That will take longer than 90 days which is why I'm sending the dispositions now. So worst case, I get denied, lose the application fee, and have to reapply after they're sealed.

[casp625]

Did all 3 of the charges result in deferred adjudication? Dismissed?

Also, isn't burglary of a habitation also a permanent disqualifier?

[infoman]

Burglary of Habitation (deferred adjudication) is most definitely a permanent disqualifier.

[SoConfused]

Did all 3 of the charges result in deferred adjudication? Dismissed?

Also, isn't burglary of a habitation also a permanent disqualifier?

Fortunately, none of the arrests resulted in any type of conviction. The burglary never went to court so there's not even a formal disposition. Got arrested, they figured out they had the wrong kid, and that was the end of it. The weapons charge was from playing with a potato gun at the creek. Went to court, judge laughed, and then dismissed it. Assault was also dismissed in court. Attorney is 100% confident all will be permanently sealed, so even if I had a permanent disqualifier, it would still only be temporary.

[SoConfused]

The assault family (domestic) violence may be an issue. That is a permanent disqualifier for LTC unless it gets expunged and totally removed from your record.

Just clarifying for the sake of accurate information here.

Because of the way Texas juvenile law is, its not possible to ever get a juvenile record expunged. However, you can get a juvenile record completely sealed, which has the same practical effect as expunction of adult records.

[RPBrown]

In your opening post, you said the assault was differed. Then you said it was dismissed. So which is it? If differed, then its probably a permanent disqualifier. If it was dismissed, then all they should need is the final disposition showing dismissed.

[SoConfused]

In your opening post, you said the assault was differed. Then you said it was dismissed. So which is it? If differed, then its probably a permanent disqualifier. If it was dismissed, then all they should need is the final disposition showing dismissed.

Yes, sorry for the confusion. I remembered it being deferred, but after speaking with the attorney last night, turns out I was wrong, which is why these records are able to be sealed. The lawyer advised me that, had the disposition been any form of guilt, sealing wouldn't even be an option. Looks like I got lucky. The other two arrests I didn't even know about until I got the DPS letter yesterday!

[Keith B]

So if there are records of the arrests, then there have to be dispositions. If they were dismissed, then get a copy stating that from the court clerk where they were heard and send those in. DPS is just looking for the papers showing they were actually dismissed vs deffered so they can issue the license. Get it done quickly to make sure the application is not cancelled. You only have 90 days after the request is sent.

[SoConfused]

So if there are records of the arrests, then there have to be dispositions. If they were dismissed, then get a copy stating that from the court clerk where they were heard and send those in. DPS is just looking for the papers showing they were actually dismissed vs deffered so they can issue the license. Get it done quickly to make sure the application is not cancelled. You only have 90 days after the request is sent.

Got it. Thanks everyone for the help so far. I scanned the letter to my attorney last night and she called a bit ago saying she has sealed and certified copies from the court. I'll pick them up on Thursday and mail out the same day. I need to call DPS tomorrow to determine exactly how to ship them. I'll post that info here also.