Texas Criminal Records

Texas criminal records refer to a wide range of documents that contain information related to an individual's interactions with the state's criminal justice system. Examples include arrest records, warrants, indictments, plea agreements, conviction and sentencing information, and incarceration records,

Per recent reports, Texas has a violent crime rate of 395.4 per 100,000 people, with approximately 800,000 crimes (violent and non-violent) reported to law enforcement agencies across the state annually. The Texas Department of Public Safety (DPS) serves as the state's primary custodian for criminal records and maintains a central repository for these records. Notwithstanding this, various other agencies, including local police departments, county sheriff's offices, district courts, and the Texas Department of Criminal Justice, also maintain copies of criminal records.

Are Criminal Records Public in Texas?

While criminal records in Texas are generally open to the public under the Texas Public Information Act (and other pertinent state laws), access to certain records may be restricted. For instance, Sections 552.108(2) of the Public Information Act and Section 411.135 of the Texas Government Code both restrict public access to criminal history information for cases that did not result in a conviction or deferred adjudication.

Likewise, access to records related to ongoing investigations, juvenile records, sealed records, and information that could compromise public safety, such as confidential witness statements and victim information, is also restricted.

How To Look Up Criminal Records in Texas?

The Texas Department of Public Safety maintains a Computerized Criminal History (CCH) System that may be used to perform name-based searches for criminal records via one of two databases:

• Conviction Database: This typically returns information on arrests, prosecutions, and case dispositions for individuals arrested for a class B misdemeanor or greater, but may also include class C convictions.
• Violent Offender Database: This typically returns information on individuals who have been convicted at least two times for certain violent offenses, such as assault (including sexual and/or aggravated assault), stalking, and continuous family violence.

The creation of a user account is required to utilize the CCH System. You will also need to purchase search credits at $3 each (plus additional service charges, where applicable) to perform a search on the conviction database - searches on the violent offender database are offered at no cost. Be aware that the CCH System only provides public criminal record information. However, you may contact the DPS at (512) 424-7256 if you cannot find information that you believe should be publicly accessible. Likewise, individuals who wish to obtain copies of their own criminal records containing information that is not publicly available may contact the department at (512) 424-2474 for assistance.

Some counties also provide requesters with certified letters indicating a clean criminal history record. Note that this typically only covers specific locations. You may direct inquiries concerning the availability of these documents (and the requirements for obtaining one) to your local district clerk.

How To Search Texas Arrest Records?

Texas arrest records are typically generated when an individual is taken into custody by a local police department, sheriff's office, or the Texas Department of Public Safety in some cases. These records detail the circumstances surrounding the arrest and typically contain information like:

• The name, age, and description of the arrestee
• The date of the arrest
• The arresting agency
• The agency case number
• Details of the incident/offense leading to the arrest
• The charge(s) filed against the arrestee

Arrest records are primarily maintained by arresting agencies and may be accessed by contacting the relevant agency and determining their specific records request procedure.

Be aware that arresting agencies in Texas are statutorily required to report all arrests for offenses deemed a Class B misdemeanor or higher to the DPS within seven days. As such, you also have the option of accessing records of these arrests through the department's CCH System.

How To Search Texas Warrants?

A warrant is a legal document that authorizes law enforcement to take a specific action, such as making an arrest or searching a premises. These warrants are typically issued by judges, magistrates, and justices of the peace, who have reviewed the evidence and determined probable cause exists for the action being authorized by the warrant.

Several types of warrants are issued in Texas, including:

• Arrest Warrants: These authorize law enforcement to arrest an individual suspected of committing a crime.
• Search Warrants: These authorize law enforcement to search a specified location for evidence.
• Bench Warrants: These are issued when an individual is in contempt of court, usually for failing to comply with a court order or disobeying a subpoena to appear in court.
• Blue Warrants: These are arrest warrants issued by the state's Board of Pardons and Paroles for individuals who are suspected of violating the terms of their parole.

Most Texas courts offer case records/documents search portals on their official websites that can be used to check for warrant information. You may also search for active warrants by contacting the local police department or sheriff's office in the jurisdiction where you believe that the warrant was issued; some of these agencies also maintain dedicated warrant search platforms that may be used to access this information online. Be aware that, in some cases, warrant information may be restricted to prevent compromising the investigation or endangering the individuals involved.

Arrest, bench, and blue warrants in Texas typically remain active until the individual is apprehended or the court resolves the warrant. However, search warrants have a limited validity period, usually three days, and must be executed within the specified timeframe, otherwise, they become void.

Can I Obtain a Texas Criminal History Record of Another Person?

You may obtain another person's criminal history record in Texas using the Department of Public Safety's CCH System. Be aware that, per Texas law, criminal history information provided to the public is generally limited to details on arrests and prosecutions for class B misdemeanors or higher offenses that resulted in a conviction or deferred adjudication. However, certain entities, such as law enforcement agencies, authorized employers conducting background checks with consent, and licensing boards, usually have access to a broader scope of information.

You will typically need to create a user account and purchase search credits to access the CCH System. Search credits cost $3 per credit (service fees may apply), and each search you run on the system will cost you one credit.

Some counties also offer individual platforms that can be used to access criminal records for their respective jurisdictions. You may contact your district clerk's office for more information on this.

How To Expunge or Seal Texas Criminal Records

In Texas, record sealing, officially known as an "order of nondisclosure", refers to a process where criminal records are "shielded" from public disclosure; however, the record is not destroyed. This differs from expunction, which involves the permanent removal/destruction of the record from all public databases.

Expunctions in Texas are generally limited to records involving cases that either did not result in a conviction or were pardoned, class C misdemeanors that resulted in deferred adjudication, and certain juvenile offenses. Similarly, while most records may be sealed, certain convictions are ineligible for the process. These include:

• Murder
• Aggravated kidnapping
• Child endangerment
• Stalking
• Human trafficking
• Offenses involving family violence
• Offenses requiring registration as a sex offender

Records of cases that were dismissed and discharged, and certain first-time misdemeanors (excluding traffic-related offenses), typically qualify for automatic non-disclosure (sealing). For other records, you must file a petition with the court where the case was heard. Nondisclosure or expunction forms are usually available at the clerk of the court's office and may also be accessible online via the Texas State Law Library's official website.

For record sealing, the court typically reviews the petitioner's criminal history to decide if their records are eligible for nondisclosure. If granted, the court will issue a nondisclosure order, which is then transmitted to the Department of Public Safety (DPS), officially instructing the department to notify all necessary entities of the new nondisclosure status for the record(s). For expunctions, the DPS is notified before the court hearing, which is typically held about 30 days after the petition is filed. If the petition is granted, the records are then destroyed.

What Are the Limitations Regarding the Use of Criminal Records for Employment, Licensing, and Housing in Texas?

The Fair Chance Act is a key statute that governs criminal history consideration in job applications. Under this law, federal agencies and contractors are prohibited from inquiring into an applicant's criminal history until after a conditional offer of employment has been made. Additionally, per the Equal Employment Opportunity Commission's guidance on the use of criminal history information in employment decisions, employers are prevented from blanket exclusions based on criminal records. Instead, they must individually assess a criminal record, and consider the nature of the crime, the time elapsed, and its relevance to the job before making hiring decisions.

At the state level, Texas does not impose strict restrictions on the use of criminal records for employment, licensing, and housing, and mostly follows federal laws and regulations on these matters. To this end, employers and landlords in the state generally have broad discretion on how they use criminal records and when they request this information from potential employees or tenants. However, licensing boards are statutorily required to consider whether a conviction directly relates to the duties of the licensed occupation and evaluate factors the time elapsed since the offense and evidence of rehabilitation, before denying licensing based on criminal history.

Can I Access Texas Criminal Records for Free Online?

Many private websites offer access to Texas criminal records online, often at no cost or for a nominal fee. However, the information provided by some of these sites is often questionable, usually due to incompleteness or inaccurate/outdated information. For the most reliable and current Texas criminal records, it is best to utilize state resources, like the DPS's CCH System, or trusted third-party platforms that aggregate data from official databases, like TexasPublicRecords.us.