1. Home
  2. Texas Court Records

Texas Court Records

Table of Contents

The three-tiered court structure (trial, appellate, and supreme) used in Texas comprising over 2,000 courts, handles more than 7 million cases annually. In the administration of their duties, records are generated in these courts.

The trial courts are the first point of contact with the justice system in the state and the courts in this tier handle the largest volume of cases. The intermediate appellate courts handle civil and criminal appeals, ensuring that the law was correctly applied, and procedures properly followed by the trial courts.

In contrast to most states, Texas has two courts of last resort, both serving as supreme courts for different types of cases. These courts review cases appealed from lower courts, as well as those appealed from the federal Fifth Circuit courts. The Texas Supreme Court handles civil appeals, while the Texas Court of Criminal Appeals addresses criminal cases, including death penalty appeals.

What Are the Types of Court Records In Texas?

Court records are created in Texas as part of the judicial process and maintained by the clerks of each court. They may be created at case filings, during court proceedings, or via motions, orders, evidence, exhibits, judgments, verdicts, and post-judgment actions.

Examples of Texas court records include:

  • Supreme Court:
    • Opinions and Rulings: Final decisions on civil and juvenile cases.
    • Orders and Mandates: Instructions to lower courts on case outcomes.
    • Dockets: Case schedules and procedural history.
    • Briefs and Petitions for Review: Legal arguments submitted for case review.
  • Court of Criminal Appeals:
    • Opinions and Judgments: Final rulings on death penalty appeals and other criminal cases.
    • Writs of Habeas Corpus: Requests to review unlawful detentions.
    • Case Transcripts: Records of oral arguments and hearings.
  • Texas Courts of Appeals:
    • Appellate Opinions: Written decisions on appeals from lower courts.
    • Dockets and Case Filings: Documentation of appeal proceedings.
    • Appellant and Appellee Briefs: Legal arguments presented in appeals.
  • District Courts:
    • Felony Criminal Case Files: Indictments, trial transcripts, sentencing records.
    • Civil Lawsuits: Divorce decrees, contract disputes, personal injury claims.
    • Family Law Records: Child custody, adoption, and protective orders.
    • Jury Verdicts and Sentencing Documents: Official trial outcomes.
  • Constitutional County Courts:
    • Class A & B Misdemeanor Case Files: DUI, assault, drug possession charges.
    • Probate Records: Wills, estate settlements, guardianships.
    • Civil Case Records: Lawsuits involving amounts between $200 and $10,000.
  • Statutory County Courts:
    • Appeals from Justice and Municipal Courts: Misdemeanor case reviews.
    • Civil Case Records: Higher-value disputes than justice courts but below district court level.
    • Mental Health Commitment Orders: Records related to involuntary mental health commitments.
  • Statutory Probate Courts:
    • Last Wills and Testaments: Documents detailing estate distribution.
    • Guardianship Proceedings: Legal determinations on guardians for minors/incapacitated persons.
    • Estate Inventories and Accountings: Financial breakdowns of deceased persons' assets.
  • Justice Courts:
    • Small Claims Case Files: Landlord-tenant disputes, unpaid debts.
    • Class C Misdemeanor Records: Public intoxication, disorderly conduct.
    • Eviction Records: Legal filings related to tenant evictions.
  • Municipal Courts:
    • Traffic Citations Records
    • City Ordinance Violation Records: Noise complaints, building code violations.
    • Misdemeanor Case Files: Public intoxication, minor theft cases.

Are Texas Court Records Public?

Most court records in Texas are considered public. This makes case files, docket sheets, court records, trial dates, and many of the other records maintained by the court accessible to members of the public. However, while the Texas Public Information Act (TPIA) is the set of rules making government records and files available to the public, courts and judicial branch agencies in the state are neither subject to the TPIA nor the federal Freedom of Information Act. Records held by Texas courts are governed and made publicly accessible under Rule 12 of the Texas Rules of Judicial Administration.

Despite the provisions of the Texas court rules, some records or portions of court records may yet remain inaccessible to the public. The state permits some records to be sealed away from public view and others to be categorized as confidential according to other state laws, federal laws, or specific statutes of the court rules. Texas courts typically permit the sealing of certain court records for reasons of privacy, protecting national security, preserving trade secrets, and minimizing prejudice and harassment.

Examples of court records that may be inaccessible to the public include records relating to cases involving minors, sensitive personal information, or proprietary business information may be sealed to prevent public access

How Do I Search Texas Court Records?

Accessing Texas court records can be achieved through both online and in-person methods, depending on the specific court and the nature of the records sought.

For online access, case information from the Court of Appeals, Court of Criminal Appeals, and the Supreme Court are searchable via the TAMES (Texas Appeals Management and eFiling System) Case Search system. If a court record file is available via the TAMES Case Search system, it may be viewed for free. In addition, the state has a Re:SearchTX platform offering a free subscription plan allowing users to search court records from various counties and courts in the state. The platform provides records including civil cases from district, probate, and county courts. However, it may not have all records from all Texas counties. Note that access to full documents via the Re:SearchTX platform usually attracts a fee.

Note that some counties make their district court records available online via the district clerk's website, while others provide access through the county clerk's website. Some of these counties include Collin, Tarrant, Denton, Travis, Bexar, Harris, and Dallas. To perform a search via any of the online platforms, you typically need the following:

  • Case number
  • Party names
  • Filing dates
  • Type of case

Offline access to records not available online or to certified court records is possible via in-person visits to the clerk's office of the specific court where the case was filed.

How To Retrieve Court Records Offline

Certified copies of Texas court records are usually not available online. Anyone looking to obtain a certified copy of the court record in the state must visit the office of the clerk of the court where the case was held. At the office of the clerk of the court, the information that is generally required includes the case number, the names of the parties involved, the date of the case, and the type of case (such as civil, criminal, family, probate, or traffic). Be aware that providing as much information as possible will help the clerk locate the requested record.

While the office of the clerk will try to make the requested record available immediately, this may not always be the case. Processing times for copying and certifying court records may vary depending on the court's workload and the complexity of the request. Generally, it may take a few days to a few weeks to process the request. Additionally, there is usually a fee associated with copying and certifying court records. The fee charged varies per jurisdiction. For example, the Harris County District Clerk's Office charges $1.00 per page as copying fees, while an additional $5 fee applies per document for certification.

Can I Seal or Expunge a Texas Court Record?

Texas offers expunction and nondisclosure as means of cleaning criminal history records for qualified adults. Expunction in Texas refers to the permanent removal of entries from a criminal record, while nondisclosure, also called sealing, hides specific offenses from public view. In a nondisclosure, the sealed records remain accessible to licensing agencies, criminal justice agencies, and some government agencies.

Provisions guiding the eligibility and procedure for the expunction of court records in Texas are contained in Chapter 55 of the Texas Code of Criminal Procedure. Eligibility requirements for expunction of court records in Texas include the following:

  • A trial where you were acquitted by either the judge or the jury.
  • A conviction where you were tried and found guilty, but later received a pardon or were granted relief due to actual innocence regarding the original offense.
  • An appellate court overturned your conviction.
  • Charges against you were dismissed or nullified before the trial began.
  • You were charged with a Class C misdemeanor but it ended in deferred adjudication
  • You were arrested but not charged

The first step in filing for an expunction in Texas is to verify that you are eligible for an expunction. Although your circumstance may align with one or more of the listed eligibility conditions, you may yet be denied expunction. Hence, it is recommended that you consult with an experienced expunction attorney to determine your eligibility for a Texas expunction.

Upon confirming your eligibility, you may follow these steps to file for an expunction:

  • Order a Criminal History Record: Request a copy of your criminal history record from Identogo.
  • Obtain Certified Dismissal Order: Get a certified copy of your order(s) of dismissal from the court clerk where your case was dismissed.
  • Complete Petition for Expunction: Fill out a Petition for Expunction of Criminal Records.
  • File Petition: Submit your completed Petition for Expunction to the court.
  • Schedule Hearing: Arrange a court hearing to review your petition.
  • Attend Hearing: Appear in court for the scheduled hearing.
  • Submit Signed Order: After the hearing, file the signed Order with the court clerk.

Note that filing for an expunction involves a fee, along with additional charges for notifying relevant agencies. These fees differ depending on the county. To determine the exact amount, contact the clerk's office in the county where you were arrested or where the alleged offense took place. If you are an individual with low income, you may be able to file a Statement of Inability to Afford Payment of Court Costs, also known as a fee waiver, to potentially have these costs reduced or waived.

Section 411.071 of the Texas Government Code governs nondisclosure orders in the state. This order is available to persons who have completed deferred adjudication community supervision. Texas provides two methods of nondisclosure: automatic nondisclosure for first-time misdemeanors and nondisclosure with petition. The first applies only to first-time misdemeanors (other than traffic fines) dismissed and discharged after August 31, 2017, while the latter is required for eligible offenses not qualifying for an automatic nondisclosure order.

You are not eligible for a nondisclosure order if you have ever been placed on deferred adjudication or convicted for:

Upon determining your eligibility for a nondisclosure order in Texas, you may take the following steps:

  • Obtaining Necessary Information for Record Sealing: Gather information identifying the original felony or misdemeanor case, such as the original case's cause number, arrest date, and arresting agency.
  • Draft and File the Nondisclosure Order: Draft and file the petition for nondisclosure, including your personal information, case and arrest details, and a list of agencies with records of the original arrest.
  • Nondisclosure Hearing: Schedule and attend the court hearing, which occurs at least 30 days after filing the petition. The court will review the petition and determine if the nondisclosure order should be granted based on strict criteria.
  • Dissemination of Non-Disclosure Order and Record Sealing: If granted, the nondisclosure order will be sent to all listed agencies, requiring them to seal the record from public view. You may then deny the arrest and case, except when questioned under oath in a criminal proceeding.

How To Search Federal Court Records in Texas

Texas is divided into four federal judicial districts: Northern District, Southern District, Eastern District, and Western District. Together, these courts handle cases involving federal laws, constitutional issues, disputes between states, bankruptcies, antitrust matters, immigration, copyright, and patents.

Access to the records of these courts is available via PACER (Public Access to Court Electronic Records). PACER users are required to register for an account on the system to use it. Usage of the system may incur fees based on requests. Also, individuals may visit the clerk's office of the respective federal court in person to request access to case files.

How To Get Texas Court Records Online for Free?

Texas court records are accessible online for free via multiple sources such as Re:SearchTX, TAMES Case Search, and district and county clerks' websites. Individuals may also use free online scan services from third-party websites, such as TexasPeopleRecords.us to find Texas court records online for free.

Table of Contents

Additional Resources