Texas Criminal Records
Texas Criminal Records are official documents that provide descriptions and notations of instances an individual has been subject to a criminal justice process, such as an arrest, indictment, detention, and other formal criminal charges and their dispositions, in Texas. Generally, when an individual's interaction with a criminal justice agency, like courts, law enforcement agencies, or correctional facilities, results in a criminal justice process being initiated, these authorities create and maintain criminal records.
A person's Texas criminal record provides a look into their criminal history in the state. Criminal records can also have other real-world applications and impacts on different facets of an individual's life.
Are Criminal Records Public in Texas?
It depends. Although the [Texas Public Information Act](https://www.texasattorneygeneral.gov/open-government/members-public/overview-public-information-act#:~:text=The%20Public%20Information%20Act%20(PIA,the%20public%20in%20specific%20instances.) (TPIA) provides citizens the right to access, inspect, and copy certain records maintained by government bodies in the state, criminal records are not entirely subject to public disclosure.
Under Texas Government Code §411.083, criminal records are confidential and are only released to the subject of the record and other eligible persons or entities or for eligible reasons. Meanwhile, criminal records relating to deferred adjudication grants or offender convictions are public and accessible by anyone per Texas Government Code §411.135.
Hence, public access to criminal records in Texas largely depends on the type of record and its content. It is worth noting that the TPIA restricts public access to juvenile offenders' records. Furthermore, law enforcement agencies can limit access to an otherwise public record if its release may interfere with crime detection, investigation, and prosecution per the TPIA.
Texas Crime Records by County
Texas crime records are official reports that offer statistical information about offenses committed in Texas. Texas's law enforcement agencies generate crime records from criminal records they maintain on offenders. Among other things, law enforcement agencies use crime records to identify crime trends (in local communities and across the state) and allocate resources appropriately for early mitigation. These records are also made publicly accessible to inform Texans about crimes in their communities.
Generally, local law enforcement agencies, such as county sheriff's offices and municipal police departments, generate and maintain crime records for their respective jurisdictions. They also report these records to the Texas Department of Public Safety (DPS), the state's central custodian of crime records. Hence, interested persons can obtain Texas crime records through the DPS and local law enforcement agencies.
Most local law enforcement agencies publish crime records they maintain online on their websites. For example, interested persons can obtain crime statistics for the largest city in Texas, Houston, through the Houston Police Department's Crime Statistics page. Another example is the Dallas Police Department Crime Report page, which provides the city of Dallas's crime records. Meanwhile, statewide crime records are accessible online through the annual DPS Crime in Texas report series.
Texas Criminal Record Check
In Texas, criminal record checks (also known as criminal history records) are strictly conducted at the state level through the Texas Department of Public Safety (DPS). Interested parties may run a criminal record check through the DPS by performing a name-based search on the DPS Conviction Database or by requesting a fingerprint-based search for criminal history information.
The DPS Conviction Database is a statewide repository for public criminal records that local criminal justice agencies have reported to the DPS. Generally, the database contains information on Class B misdemeanor offenses and above that were reported to the DPS and resulted in a deferred adjudication or conviction. To use the CCH, new users must create a CRS Public Website Account. Meanwhile, returning users can log in to the database using their already created account's user ID or email address and password. Once logged in, users can conduct a name-based search for public criminal records through the database. Users are charged one (1) "search credit" for each search they conduct on the database. Search credits cost $3 each and are purchasable by credit cards or checks on the database. It is worth noting that credit card purchases are subject to an additional convenience fee.
On the other hand, for a fingerprint-based search for criminal records, record seekers must schedule an appointment to have their fingerprint taken at any DPS FAST location. Appointments may be scheduled online or by calling 1-888-467-2080. On their scheduled appointment date, requesters must come with a valid form of identification, such as a TX Driver's License. Requester are typically charged a fee for their request as well as the fingerprinting service. These fees include a $10 fingerprinting fee and a $15 fingerprint-based record check fee. Acceptable forms of payment include Visa, MasterCard, Discover, and American Express cards. Personal checks and cash are usually not accepted. The vendor would provide the requester with a receipt acknowledging that they were fingerprinted and submit the requester's fingerprint to the DPS after receiving the required forms of identification and payment. It takes the DPS approximately 10 business days to process the request and send results to the requester.
Interested persons may review the DPS CR-63 form for more information on how fingerprint-based searches for criminal records can be made in Texas.
Find Criminal Records Online in Texas
Interested persons can find public criminal records online in Texas through the DPS Conviction Database. Record seekers can conduct a name-based search for public criminal records that crime justice agencies in Texas have reported to the DPS through the database. Note that inquirers must have an account to search the database.
Free Criminal Record Search in Texas
In Texas, criminal record searches conducted through government-provided resources, such as the DPS Conviction Database, are usually subject to fees. However, some third-party websites offer services that allow users to perform free criminal record searches. In most cases, such searches provide only basic results, and users may need to pay additional fees or a subscription to obtain a more complete result.
What Does it Mean if You Have a Criminal Record in Texas?
In Texas, having a criminal record can have far-reaching negative effects on a person's life, making it harder to obtain loans, housing, work, and licenses, among other things. For instance, the Texas Department of Motor Vehicle reviews applicant's criminal records when determining their eligibility for licensure. Furthermore, employers and entities, such as the Texas Department of Protective Services, that work with vulnerable groups (i.e., children and the elderly) are required by state law to run background checks for certain criminal records during pre-employment screenings.
A criminal record in Texas can also deprive an individual of their Second Amendment Rights, as Texas Penal Code §46.06 restricts people with a felony conviction on their criminal record from possessing a firearm. Additionally, a negative connotation associated with having a criminal record may negatively affect an individual's interpersonal relationships with others when discovered.
Does Your Criminal Record Clear After 7 Years in Texas?
Contrary to popular belief, each notation of an arrest, conviction, criminal charge, and other criminal justice processes can permanently stay a person's criminal record in Texas. Texas law does, however, allow individuals to petition a court of appropriate jurisdiction to have their criminal record sealed or expunged under specific circumstances.
The "7 years" misconception originates from a federal law (the FCRA) that prohibits consumer reporting companies from disclosing arrests that date back more than seven (7) years on background checks.
Arrest Record Vs Criminal Record
An "Arrest Record" differs from a "Criminal Record" in the information it contains. Arrest records only provide information about specific instances in which an individual was arrested, such as arrest date, time, and offense. Meanwhile, a criminal record offers an overview of an individual's criminal history and includes information concerning arrests, convictions, detention, and other criminal justice process the person's has undergone.
Texas Police Records
Texas police records are all official reports and other types of documentation that law enforcement agencies generate while performing their duties of detecting, investigating, and prosecuting offenses. These records include accident reports, crime activity reports, arrest records, incident reports, and criminal history records.
Police records are subject [to the Texas Public Information Act](https://www.texasattorneygeneral.gov/open-government/members-public/overview-public-information-act#:~:text=The%20Public%20Information%20Act%20(PIA,the%20public%20in%20specific%20instances.) (TPIA), making these records usually accessible to the public upon request. However, the TPIA has certain exceptions. Most notably, access to police records on juvenile offenders is restricted. Furthermore, the TPIA also allows law enforcement agencies to limit access to police records if certain conditions are met.
States