Page 59 - Juvenile Practice is not Child's Play

Transfer to Adult Court

While technically not a disposition, if a youth is tried as an adult, the consequences of a conviction bring different
punishments. A youth in adult court is treated as any other adult, except that prosecutors may not seek the death penalty.

With that one exception, sentences are exactly the same. It is important to be familiar with those punishments, so that
you may properly advise your client regarding the effects of a transfer to adult court.

Other Consequences

1. Driver’s License Suspension: DWI offenses and certain controlled substance offenses require the

suspension of a juvenile’s license. TFC § 54.042(a). The court also has the option of suspending the
juvenile’s license for any offense. TFC § 54.042.

2. Sex Offense Conditions: Texas requires juvenile sex offenders to register until the 10th anniversary of

their final disposition, or 10 years after they have completed the term of that disposition, whichever date
is later. Important to note that children may have the option of using a private registry.

3. Enhancement in Adult and Youth Cases: Courts are permitted to review juvenile records—even
sealed ones—to determine adult sentencing.

4. Handguns: If a child is placed on probation for an offense where they personally used a handgun, they
must, within 30 days of the start of probation, tell the probation officer how they acquired the weapon.

5. Expulsion and Removal to Alternative Education Program: Police officers must tell school
officials about any student felony arrests and some misdemeanor including, but not limited to: possession

of unlawful weapons or controlled substances; assault; or indecent exposure. Schools may also remove
students from regular classes and place them in alternative classes if the student is adjudicated delinquent
because of a felony. (See Education Code Chapter 37).

6. College, University, and Trade School Applications: If a school application asks for convictions,
the student can say “no” because an adjudication is different from a conviction. However, the Common
App (used by over 800 colleges and universities) specifically asks for the adjudication history. Unless the
records were sealed, the student must answer “yes” to this question.

7. Military Enlistment: A delinquency adjudication can be detrimental to enlistment in the armed forces.
Even is the record was sealed, the military can request to see copies of documents related to the