Juvenile Felony Convictions: Long-Term Consequences

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) notes that nearly 425,000 minors are arrested nationwide each year. A youthful indiscretion should not ruin your child’s future. It is crucial that they are able to effectively navigate the justice system. 

Texas has a specialized process for juvenile criminal matters. That being said, a juvenile felony conviction is still a very serious charge that can carry bad long-term consequences. Here, our Richardson juvenile criminal defense lawyer explains the most important things that you should understand about the long-term adverse consequences of a juvenile felony conviction in Texas. 

Defining a Juvenile in Texas (Ages 10 to 16) 

Juvenile justice in Texas focuses on rehabilitation, with a strong emphasis on education, counseling, and community service as corrective measures. The aim is to offer the child an opportunity to learn from their mistakes without suffering the severe consequences that an adult would face in the criminal justice system. 

In Texas, a juvenile is defined as an individual between the ages of 10 and 16. Unlike many states—where 18 is considered the age of adulthood for criminal purposes—Texas designates 17 as the threshold. What does that mean? A 17-year-old would face criminal proceedings as an adult. It is a legal distinction that is very significant as a 17-year-old can face far more harsh penalties. 

Note: By law in Texas, children 9 years old and younger are considered to lack the capacity to have criminal intent. Any matter that they are involved in will not be handled by the criminal justice system. There could be family court implications. Though, the situation always matters. 

Many Juvenile Criminal Matters are Handled With Delinquency Petition in Texas

In Texas, many juvenile criminal matters are addressed through a process involving a "delinquency petition." It is a petition that is essentially a formal document that begins the judicial process for a juvenile alleged to have committed a crime. In Texas, a delinquency petition is filed by a prosecutor. Among other things, it outlines the charges against the minor, the facts supporting those charges, and requests the court to adjudicate or make a decision about the juvenile's delinquency.

Once the delinquency petition is filed, the court conducts something called an "adjudication hearing." In Texas, an adjudication hearing is somewhat similar to a trial in the adult criminal justice system. Though, there are notable differences too. For example, it is less formal and usually closed to the public. If the juvenile is found to be delinquent, the court will move to the disposition phase, where it will determine the appropriate sanctions or treatment for the juvenile.

Key Point: The appropriate penalties in a juvenile delinquency case in Texas must also reflect the state's goal of rehabilitating rather than punishing young offenders. In most cases, there are options for rehabilitation available, including things like probation, restitution, community service, and therapy. 

A Child 14 Years of Age or Older Could Be Charged as an Adult (Serious Felony Cases)

Under Texas law, a child who is 14 years of age or older and charged with a serious felony could potentially face adult charges. This process, often referred to as "waiver" or "certification" to adult court, is not automatic and occurs only under certain circumstances. 

The court will consider several factors in deciding whether to certify a juvenile as an adult. These factors may include the seriousness of the alleged offense, the juvenile's prior delinquency record, the likelihood of rehabilitation within the juvenile system, and the protection of the public.

Note: If a juvenile is certified as an adult and subsequently convicted, they could face the same potential penalties as an adult, including incarceration in adult prison.

An Overview of the Long-Term Consequences of a Juvenile Felony Conviction in Texas

The long-term consequences of a juvenile felony conviction in Texas are substantial and far-reaching. Of course, direct criminal penalties always matter. In the very worst felony cases, they could include Texas Youth Commission commitment or even imprisonment in an adult facility.  Beyond that, the penalties can extend beyond the direct consequences, and they can significantly impact a young person's future. Here are some potential long-term effects:

• 
  Educational Consequences: Juvenile convictions may lead to suspension or expulsion from school. Some colleges and universities may also deny admission based on a criminal record.
• Employment Challenges: Many employers conduct background checks, and a criminal record could affect employment prospects and career advancement. Certain occupations may also be off-limits to individuals with felony convictions.
• Housing Difficulties: Many landlords conduct criminal background checks. A felony conviction could affect housing opportunities, making it harder for the individual to find a place to live.
• Loss of Rights: Depending on the nature of the felony conviction, an individual may lose certain civil rights, such as the right to vote or own a firearm.
• Social Stigma: There is a significant social stigma associated with felony convictions that could affect personal relationships and social opportunities. A young person could have a permanent criminal record. 

If your child or other underage loved one has already been convicted of a felony criminal offense, there may be options available to get his or her records expunged. An expungement allows for the effective sealing/erasing of criminal records. While it is always best to avoid a felony criminal conviction for a juvenile whenever possible, expungement can also help to protect a minor from the adverse long-term consequences of the offense. 

Schedule a Confidential Consultation With Our Texas Juvenile Defense Lawyer Today

At JBABB Law, our Richardson, TX, juvenile defense lawyer is a compassionate, skilled advocate for young people facing difficult legal situations. Have questions about the long-term consequences of a juvenile felony conviction in Texas, we are here to help. Give us a call now or contact us online right away to arrange a strictly confidential initial appointment with an attorney. From our Richardson law office, we provide juvenile defense representation throughout the area.