Dallas, TX asked in Criminal Law and Family Law for Texas

Q: How to get access to sealed juvenile records in Texas? The case was a sexual abuse case & the plaintiff recanted

The victim was a child & recanted the statement for the family. The child is an adult now & in therapy & would like access to the files for therapy reasons. How do they get access

Related Topics:
2 Lawyer Answers
Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: You must petition the Court that sealed the records and obtain an Order from the Judge to allow access to the files. You will need an attorney Good luck.

Jeredith Elaine Jones
Jeredith Elaine Jones
Answered
  • Criminal Law Lawyer
  • Conroe, TX
  • Licensed in Texas

A: It would depend on the records. Some records are not discoverable before or after a final order. The Forensic interview, for instance, would never be allowed to be released but you may be able to view it at the district attorneys office given the proper open court case. In addition, you will come against strong opposition from the district attorneys office and the court on this issue because it is generally expected that a victim may recant her outcry after the fact.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.