How to Access Criminal Records in Texas

Texas Criminal Records

The Texas criminal records database is an invaluable resource for law enforcement, employers, and anyone else who needs to know about someone’s past convictions. Another name for these records is rap sheets and are available through various jurisdictions, including local, county, or state governments, and through the courts. These records contain over 3 million entries of people convicted in the state of Texas since 1970. This guide will give you additional details on the documents and how to access the criminal information. It will also include help for a better understanding of various misdemeanors and felonies within the state.

Public Access to Texas Criminal Records

Texas Criminal Records are public per the Texas Freedom of Information Act. The law allows for any person to get a copy of someone’s criminal history, including arrests. This can be done by going to the county archives department or contacting the relevant record custodian. Additionally, these records are available to anyone who requests them. There must have been an arrest or booking of an individual before facing criminal charges to warrant adding this information into the system. However, criminal records will not show up if no charges are ever filed against someone.

The only way for a criminal conviction not to appear in either one of these databases is if someone has had their case expunged by a court order. Once this happens, those records disappear, provided certain conditions are met. Additionally, such a person cannot be a convict of any other crimes in between.

Details That the Public Can Access from the Texas Criminal Records

Below are some details of the contents of the public criminal records:

A complete collection of fingerprints.
Crimes and indictments comprehensively.
Information on arrests, dispositions, and convictions.
The subject’s full name, as well as any aliases.
A mugshot of the individual, as well as specifics on their physical characteristics.
Details on the date of birth, gender, and nationality of the subject.

Information that Requesters Must Provide to Gain Access to the Records

Individuals seeking to access criminal records must supply the following information:

Name of a record subject, unless it is a minor.
The last known location of the record subjects.

The Process of Gaining Access to the Texas Criminal Records

The Texas Department of Public Safety maintains a Crime Record Search Service. The online service acts as the state’s primary repository for criminal information on individuals across the state. Individuals with an interest in doing free public criminal record checks may do through this website. It’s the responsibility of the judicial department to keep and make available on-demand court records, which may also include some information about a person’s criminal past.

Texas Arrest Records

These documents provide information on someone who has been taken into custody after facing accusations of participating in criminal activities. They include the circumstances surrounding the offender’s apprehension. However, these records are not conclusive proof of a person’s participation in a crime. This is despite the fact that they suggest that the arrestee is regarded as a person of interest in a particular criminal act.

Additionally, these records also contain details on individuals arrested for minor offenses such as misdemeanors. For instance, a breach of peace offense will result in apprehension and your details included in the records.

What Information is Available in the Arrest Records?

The arrest records contain the following information:

A description of the alleged offense.
The arrestee’s complete name, birth date, gender, nationality/ethnicity, and other personal information.
The time and location of the arrest.
Details of who issued the arrest warrant.
The location of the detention center’s address.

Public Access to Arrest Records

Texas arrest records are open to the state’s residents and are often kept by the law enforcement agency responsible for the arrest, such as a county police department or sheriff’s department. Furthermore, there is an online platform by the local law enforcement agency through which state residents requesting these records may conduct arrest searches. 

It is the responsibility of the Freedom of Information Act (FOIA)to ensure that Texas’s arrest records and other official documents are publicly accessible. However, there is the exemption of certain records. This act provides nine such exceptions that enable the government to withhold material like criminal records from the public.

Texas Arrest Records Search

Have you ever wanted to find out if someone has been arrested in Texas? If so, you can use the Texas arrest records search engine to find out if somebody has been arrested in any of the 254 counties that make up the state of Texas. This database is updated daily.

The DPS Computerized Criminal History System (CCH) is an online public database under the Texas Department of Public Safety (DPS). This website enables Texas arrest records search and the process of deferred adjudications. Individuals in question must authorize the use of their fingerprints during searches for all arrests in the state.

For felonies, the District Courts of Texas handle them, while the County Courts handle misdemeanor matters. Visit our Texas Criminal Records website to request an official record search or to get access to additional databases.

Name-Based Criminal History Search and a Fingerprint–Based Criminal History Search

The use of fingerprints is the most accurate search option with a 100% match rate where the individual is on records. On the other hand, a name-based search has a higher chance of matching multiple candidates because it compares similarly sounding names or names with the exact spelling. As such, it is possible to match against records that do not correspond to the individual of interest.

Fingerprint Applicant Services of Texas and Its Association with Criminal History Records Check

It is the responsibility of the DPS to contract with a fingerprinting service. Such a service provider is FAST, which provides a comprehensive suite of electronic fingerprinting services throughout the state. It allows authorized entities to access fingerprint-based criminal history checks for job applicants, licensees, volunteers, among others. 

Documentation Necessary before Fingerprinting at a FAST Location Upon Request

Anyone who needs to have their fingerprints taken will need to know their agency’s Service Code. It is the responsibility of their employing or licensing agency to provide this code. Such a person may also need to include their Agency Identification Number and driver’s license or other valid forms of identification (PDF). The person also needs to provide the payment method they selected when scheduling the appointment.

Persons Who Must Report Data to the Computerized Criminal History

CCH reporting from each county is made possible by Chapter 66 of the Texas Code of Criminal Procedure. It facilitates a flow of information at the local level. The following local criminal justice agencies have the duty for reporting to the CCH under the terms of the statute:

The Arresting Agencies

The Department of Public Safety (DPS) must receive a notification within seven days upon arresting a person for a Class B misdemeanor or higher. It is the responsibility of a police department, sheriff’s office, or other criminal justice agency to do so. 

On-paper reports must use the DPS-created Criminal History Reporting Form, referred to as the CR-43. These offices may also utilize a form generated by a local booking system. Moreover, the report must contain any additional information per the law in addition to the fingerprints and Incident Tracking Number of the detainee.

A “live scan” fingerprinting device is the preferred method for reporting arrests. It captures a person’s fingerprints and demographic and arrest information from the booking agency’s own automated booking system. Afterward, it sends the information to DPS via electronic message so that it can undergo immediate processing.

Prosecuting Agencies

Under CCP 66, a prosecutor who receives arrests of a class B misdemeanor or above must notify DPS of their decision to accept, reject, amend, or add to the charges for trial. Prosecutors may file their reports manually or electronically like the organizations responsible for making arrests. Additionally, the prosecutor must also submit the tracking number for the arrest that they got from the police.

Texas Jail Records

It’s so easy to find an inmate at a Texas jail when you know where to look. Texas has an online website that allows you to access details about an arrestee in any of the county jails. There are two broad search categories; search by the defendant or by booking number.

The search by defendant option allows you to use the defendant’s name and date of birth. Additional subcategories include the date booked and the date released. The search by booking number enables you to use the defendant’s booking number at the time of the arrest.

The following types of information are commonly accessible through the Texas Online Inmate Search:

The inmate’s full name as well as their pseudonym.
The specifics of the crime.
Personal information about the inmates, such as their birth date, gender, and mugshots.
The date of detention and the anticipated release date.
The location of the holding facility, as well as the amount of protection provided.
Details on any prior convictions and sentences.
Conditions for bail or bond.

Criminal Records Expunction

Information on the expunction of arrest records, court records, and criminal history records is available in Chapter 55 of the Texas Code of Criminal Procedure. There are specific requirements and procedures for expunging records in Texas that are laid out in this statute.

Anyone interested in the expunction process must obtain a copy of their criminal record from the DPS (PDF) and consult with a lawyer.

Nondisclosure Orders

Section 411.071 of the Texas Government Code permits a person who has completed community supervision to request an order of nondisclosure from the court that puts them on probation. Issuance of such an order means that the criminal justice system is under prohibition from exposing any details to the general public about the criminal record of any individual. As such, information on a person’s criminal past that is the subject of a nondisclosure order is exempt from disclosure under the Public of Information Act. However, some individuals can access these details, which include: 

Criminal justice agencies.
Authorized noncriminal justice agencies. 
The particular individual in question.

Juvenile Records Sealing

The sealing of juvenile records is provided for under Family Code Section 58.253. This is an automatic sealing procedure that relieves juvenile courts of the burden of having to submit an application or petition to seal records. Instead, the juvenile courts order record sealing when they determine that the juvenile fits certain statutory conditions. The DPS’s responsibility is to notify the juvenile probation department when a juvenile record may be eligible for automatic sealing.

Texas Mugshots

It is customary to refer to the picture taken at an arrest as a mugshot or booking photograph. The practice of publishing arrest mugshots dates back decades. This was when newspapers started releasing booking images of suspects based on information gleaned from public court records. It was claimed that these publications were produced as a public service to the community to generate tips for Crime Stoppers. They were also intended to act as a deterrent to individuals who may otherwise commit crimes. Today, most localities in Texas still have a few publications with a sole devotion to publishing photographs of those in local jails.

Nowadays, arresting officers take these photos upon a suspect’s arrest after issuing an Incident Tracking Number (TRN) and other pertinent information to the suspect. These photos are taken together with fingerprints that undergo processing and entry into the Texas Department of Public Safety (DPS) website.

The publication of mugshots varies from county to county within Texas. Some jurisdictions make booking images and names of suspects exclusively available to the public. Others only make mugshots available only upon conviction of the suspect. Some counties even require a formal request to the sheriff’s office.

Texas Mugshots Database

A casual search using the name of a specific suspect or felon on standard web search engines may give some results. However, such a search will not provide complete information to assess the extent to which the individual has been involved with law enforcement authorities in the first place. A comprehensive search result is available via a prisoner search engine on the Texas Department of Criminal Justice (TDCJ) website. However, there is no inclusion of the convict’s mugshots.

Various private websites offer mugshot finder services for inmates or arrestees. Some are free, while others require you to pay a small fee to access their services. Other police departments, such as the Austin Police Department, offer a constantly updated booking picture database of recent arrests. Mugshots of detainees may be found at the local jails.

Texas Arrest Warrants

‘These are legal papers that provide law enforcement officials with the ability to arrest those under the suspicion of engaging in criminal behavior. Texas Miranda rights require that those facing pending arrests and their attorneys get a notice before their arrest. Additionally, they must also receive a notification on the reason for their arrest following the approval of a warrant. Individuals with interest in Texas active warrants have to contact the appropriate law enforcement agency in their area.

Active warrant searches in Texas usually includes the following information:

The type of crime that the individual is facing accusations of committing.
The issuer of the warrant.
The warrant issuance date, as well as its expiration date.
The recommended place and time of the arrest.
The bail/bond requirements.
However, the Texas state law allows for arrests without issuing a warrant. This may happen depending on whether the law enforcement official is a witness to the incident or involved in a felony.

Felonies and Misdemeanors in Texas

Misdemeanors are non-indictable actions that are less serious than felonies. Nevertheless, misdemeanors are punishable by imprisonment and penalties under the state’s criminal code. They are divided into three categories depending on their severity: classes A, B, and C. The most severe offenses result in penalties of up to $4,000 and imprisonment for up to one year.

Among the most common types of Texas state misdemeanors are the following:

Class A: Burglary of a motor vehicle while in possession of a firearm without a permit.
Possession of up to two ounces of marijuana falls under Class B.
Theft of property with a value of less than $100 is classified as Class C.

Felonies are the most severe crimes in the United States. These crimes are usually punishable by jail or prison time, and in Texas, they are divided into five categories depending on their severity. These divisions include capital felonies, first-degree felonies, second-degree felonies, third-degree felonies, and state jail felonies.

The most heinous offenses by repeat offenders in Texas are capital felonies. Juveniles under the age of 18 who commit such a crime face a life sentence with eligibility for parole. On the other hand, second-degree offenses are punishable by prison or jail terms of up to 20 years, depending on the circumstances of the crime. 

Convicts of first-degree felonies face life imprisonment or not more than 99 years, depending on the crime. Third-degree felonies are subject to up to ten years in prison. There are some instances where state jail offenses are raised to third-degree felonies.

Details of Parole in Texas

This is an early release of a prisoner with an agreement to follow specific conditions. The governor of Texas may grant parole to a prisoner by executive order. Nonetheless, the Texas Board of Pardons and Paroles is responsible for considering and recommending all pardons to the governor. The board examines whether to grant a pardon:

Where the inmate has no criminal convictions in the previous 12 months.
In the case of a former TCDJ convict.
Upon suspension of a sentence.
After completion of a misdemeanor jail sentence.