© 2016 The Texas Lawbook.
By Judge Michael H. Schneider and Brian J. Fischer
(Aug. 15) – The Houston Bar Association’s Juvenile Records Sealing Project was created in 2013 to give juveniles convicted of minor, non-violent offenses a second chance. With their records sealed, these young people can join the military, apply for jobs in government, and attend college without the stigma of a juvenile criminal record. In May, the program reached a milestone by sealing the 200th Harris County juvenile record.
Our experience as juvenile law practitioners and on the juvenile courts led us to help the Houston Bar Association develop the Juvenile Records Sealing Project. The heart of the program is the participation of volunteer attorneys from Houston law firms who donate their time and legal expertise to seal juvenile files in the Harris County court records. There are now 13 Houston law firms, including some of the city’s largest firms, and eight individuals who are volunteering to seal cases.
“Most lawyers in private practice never interact with the criminal justice system, much less the juvenile system,” says volunteer Neil Kelly, a partner at Andrews Kurth LLP and president of the HBA. “It can be a humbling experience to help alleviate the anxiety and worry of parents and kids who, because of youthful indiscretion, could face difficulty getting into college or getting a job.”
We also worked with the HBA to create a training program for attorneys who want to participate in the program, providing onsite training at the law firms. The volunteer lawyers are trained on filing applications to seal files and records, and are prepared for appearances on the courts’ Sealing Dockets.
The program grew out of the HBA’s Juvenile Consequences Program (JCP), a partnership with Harris County Juvenile Probation, the Harris County District Attorney’s Office and the Houston Police Department. Juveniles aged 10-17 who are arrested for non-violent misdemeanor crimes can be diverted into a process that allows their cases to be dismissed if they follow a program that includes attending a JCP class along with at least one parent. During this class, each of the four partners talks about their role in the juvenile justice system and explains the consequences of the youth’s actions. A fifth component has now been added, in which peers discuss the consequences of their offenses and how the program inspired them to turn their lives around.
“Whether they intend to pursue their education, get a job or join the military, the fact that they will have a clean record is not lost on these young people,” says volunteer Denise Scofield, a partner at Morgan, Lewis & Bockius LLP and chair of the Houston Bar Foundation. “We routinely receive notes of thanks from them for the ‘fresh start’ they are receiving.”
The HBA’s program primarily seals records for juveniles who are granted deferred adjudication, or who participated in the Divert 90 or Divert 180 programs, which include the JCP component. In 2015, the HBA partnered with the University of Houston’s Juvenile and Capital Advocacy Program, directed by Katya Dow, to expand services to help juveniles who were previously not eligible for sealing through the HBA’s program. Through this new partnership, juveniles on probation for misdemeanors and felony adjudications, as well as felony deferred adjudications, can apply to have their records sealed. The HBA also provided training for the University of Houston’s Juvenile and Capital Advocacy Program.
Prior to the implementation of these two programs, juveniles had nowhere to turn but a private attorney to seal their records, and many did not know it was a possibility. Now, letters are provided to the participants in the Divert 90 and Divert 180 Programs, as well as all other eligible juvenile offenders, informing them how to access the sealing programs. In addition, the judges and associate judges in the 315th District Court and the 313th District Court advise juveniles and their parents of their right to seal the records and inform them about programs available.
The Juvenile Sealing Project is working to expand its attorney volunteer pool, to give more Harris County juveniles a second chance. There are also plans to video-record the training program, providing more attorneys the opportunity to volunteer. In June, the State Bar of Texas honored the HBA Juvenile Records Sealing Program with its Outstanding Partnership Award.
Programs like this one effectively team our justice system with the private sector. If juveniles have earned it, this HBA program gives them another way to build a road to the future, without being held back by the past.
Judge Michael “Mike” Schneider was elected to preside in the 315th Juvenile District Court in 2006. Since taking the bench, Judge Schneider has presided over roughly 40,000 cases, including complex jury trials involving the varied disciplines of family law, criminal law and child custody. Judge Schneider is also Immediate Past Chair of the Houston Bar Association’s Juvenile Law Section and was recently named to the Texas Supreme Court’s Children’s Commission.
Brian Fischer is an attorney in Houston and is board certified in Juvenile Law having been certified with the first class in 2001. He is a past chair of the State Bar of Texas Juvenile Law Section, Houston Bar Association Juvenile Law Section and is the current program chair of the Houston Bar Association Juvenile Law Section and conference chair of all of the Juvenile Law and CPS seminars sponsored by the HBA-Juvenile Law Section.
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