Are there any circumstances where a former juvenile who is now an adult could receive a copy of the documents filed with the district clerk in connection with her juvenile case? Or does 58.07(b) of the Family Code only allow her to review the file by order of the district court? We have former juvenile who was own juvenile probation and has requested a copy of the court�s file so she can apply for a job as a state prison guard.
Only way I know is with a Court Order.
I've had defense attorney's tell me that if she requests a copy of her own crim history that DPS includes everything, adult and juvi, but I have not ever seen proof of that and it would only be arrests, adjudications and dispositions and not the actual paperwork anyway.
If she wants to work for the state, particularly in law enforcement, they are going to have access to the information. If she is eligible, she should have sealed it. Even if it is sealed, she is eligible to inspect the file (see 58.003(h))- "Inspection of the sealed records may be permitted by an order of the juvenile court on the petition of the person who is the subject of the records..."
Section 58.007(b) allows inspection of juvenile records ...(5) with leave of the juvenile court...
Subchapter B of Chapter 58 (JJIS) provides in Sec. 58.106 (a)(2) that the DPS can allow access to the information to a person "to which the department may grant access to adult criminal history records as provided by Sec. 411.083 of the Government Code." Sec 411.083(b)(3) of the Gov. Code provides that the department shall provide access to the person who is the subject of the criminal history information.
Apparently they have "access" and the right to "inspect". Whether or not they get a copy, doesn't seem to be addressed.
One other thing, I have found that often when people want to see the "file" what they really want to see is the offense report - which isn't going to be in the court's file - or in the DPS JJIS file either. I don't believe they can get access to the law-enforcement files without a court order.
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