I have a juvenile who was referred for felony criminal mischief (damaged mom's car, couch and countertops because he was mad at her) back in 2005. The local LE agency did a report and completed a DPS Reporting (CJIS) form. The child was never taken into custody.
No referral was ever made by Juv Prob to our office to file a petition, and the child successfully completed an informal DPA.
Child now wants to "expunge" (in his words) his record. Can a 58.003 sealing order be done if the child was never adjudicated of delinquent conduct or even "taken into custody to determine whether he engaged in delinquent conduct".
The statute seems to contemplate this situation. Check out the language in 58.003(d) that refers to the situation where "there is no adjudication". I think the court can grant the order - it would affect those who have records - not the court, since no petition was filed - but probably the law enforcement agency, probation department who supervised the deferred prosecution program and any other affected entity who might have records of the investigation and subsequent actions taken.
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