Legal Question in Criminal Law in Texas

I am filing a Petition for Expungement of Criminal Records.

I am in Texas.

I am doing this on behalf of my 17 year old son.

He was arrested and not charged at the age of 14 with a Class B Misdemeanor

Questions:

1.If I file the paperwork with his name at the top, designated as "a child", how do I word the beginning of the document "The petitioner is John Smith, by Jim Smith his parent." Or is the name of the parent the petitioner?

I have the entire document already written and worded properly as if my son were an adult. However, since he is 17, I want to change it to him being listed as "a child".

2. I want to include copies of the "Deferred Prosecution Agreement" and I referenced this in the petition. In the petition, do I need to assign an "exhibit A" or something similar to that, or do I just attach the document in the back?


Asked on 4/06/11, 12:03 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

Hire a lawyer before you mess up the case. It is impossible to coach a layperson on filing an expunction or the proper document, a petitoin to seal a juvenile case.

At age 17, your son is an adult, not a child, for criminal law purposes.

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Answered on 4/11/11, 2:04 pm


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