Whether it is a matter of safety or curiosity, there are many reasons to search for criminal records in Texas. Here’s how to find criminal records in Texas.
Criminal Records in Texas
Recently, there has been backlash about keeping criminal records public due to safety and confidentiality issues for those with records. Despite this, there are many instances where having public criminal records can benefit the greater community. For instance, every city has a list of sex offenders that is public, as well as to what degree their charge was.
Texas criminal records include an individual’s names, fingerprints, rap sheets, arrest records, indictments, and any criminal conventions that have been non-expunged.
According to the Texas Freedom of Information Act, individuals in Texas can access criminal records. However, in some cases, they need to make requests to approve record custodians.
Related: How to Avoid Jail Time for a DUI in Texas
How can individuals find Criminal Records in Texas?
Since Texas has the Texans Freedom of Information Act, individuals are allowed to access criminal records. Criminal records are open to the public, and individuals do not need formal authorization to obtain criminal records. While it can be easier to find information on criminal records on third-party websites, keep in mind that they are not government-sponsored. This does not necessarily make them more or less reliable. The Texas Department of Public Safety has a Crime Record Search service which is a database that allows people to find public criminal records for free. Exceptions to this method are if the criminal record is that of a minor, due to privacy laws.
If an individual wants court records, they must get in contact with the involved judicial department.
How are Arrest Records Different from Criminal Records in Texas
Arrest records contain information about the alleged offense, details of the arrest, and alleged involvement in criminal activity. Unlike a criminal record, an arrest record has not been tried in court. An arrest record is not proof that an individual has committed or has been involved in a crime. Arrest records are also public in Texas and are once again protected by the Texans Freedom of Information Act.
Exceptions to the Texans Freedom of Information Act
According to the FBI, there are exclusions that prevent a member of the public from viewing a person’s criminal records.
These exceptions are as follows:
- If the individual’s identity is in the interest of national defense or foreign policy
- If the individual is or was involved with personnel and/or practices of a federal agency
- If the individual possesses trade secrets or financial information which are considered privileged/confidential
- If the person possesses inter-agency or intra-agency letters that cannot be available by law
Related: How to Sue for Sexual Assault in Texas
How to Expunge Criminal Charges in Texas
What is expungement?
Expungement is when an individual petitions the court to erase their criminal record. If petitioning for a non-disclosure order, individuals petition that the records only be seen by federal agencies and not by employers during background checks.
The Expungement Process
There are many reasons an individual may choose to try for an expungement. These can range from those believing that they are innocent of the crime they were convicted of, they believe that crime is not part of who they are anymore, or they want to expunge the criminal record so they may move on with their lives. Whatever the reason is, expungement can be a tricky process. In Texas, after a jury verdict of non-guilty, the process for expunging criminal charges is quite easy. However, if this is not the case, it can take up to one year for a misdemeanor and over three years for a felony to receive an expungement.
Here’s how to expunge criminal charges in Texas.
- The individual hoping for expungement should review chapter 55 of the Tax Code of Criminal Procedure to understand which crimes have a possibility of being expunged.
- If their alleged crime is on this list, then they can file a petition to request a court to grant an order for expungement.
- If the individual is charged for their alleged crime, they must gather all the documents, such as a list of agencies that have records of the arrest, the location where the offense occurred, and the name of the agency that arrested them.
- After getting the petition notarized, the court can set a hearing on the issue.
- If the petition meets all the necessary requirements, the individual can then be granted an expunction.
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