Texas

Comprehensive Guide to Texas Arrest Records

When searching for arrest records in Texas, it’s important to understand the different types of records available and how to access them effectively. This guide provides detailed information on locating Texas arrest records, understanding what they entail, and navigating the public records system.

Understanding Texas Arrest Records

Texas arrest records document an individual’s arrest history, including details such as charges, arrest dates, jail locations, and bond information. It is crucial to note that arrest records do not indicate a conviction but simply that someone has been taken into custody.

• Arrest Records vs. Criminal Records: Arrest records include details about the arrest itself, while criminal records provide a broader view, including convictions and sentencing information. Arrest records can be expunged if the case is dismissed or results in an acquittal, whereas criminal records include both convictions and non-convictions unless expunged.

Accessibility of Texas Arrest Records

In Texas, arrest records are generally considered public records and are governed by the Public Information Act. This act facilitates the availability of records for personal or professional use, provided the requestor follows the appropriate procedures.

• Publicly Accessible Records: Arrests, convictions, and certain civil actions (e.g., restraining orders) are public records. However, records related to juvenile crimes, sealed or expunged records, and certain investigative notes are not publicly available.
• Exemptions: Records like dates of birth, addresses, and financial details are usually redacted before release. Additionally, incident reports may only be available after a court decision, and victim information is removed from accident reports.

How to Search for Arrest Records in Texas

To find Texas arrest records, you can use various methods, including online databases, local jails, and direct contact with law enforcement agencies.

• Online Databases: The Texas Department of Public Safety (DPS) offers an online portal where you can search for arrest records and other public records. Creating an account may be required to access detailed information.
• Local Jails and Law Enforcement Agencies: Contacting local jails directly or checking with county and city law enforcement agencies can provide information about recent arrests. There are 254 counties and numerous city jails in Texas, each potentially holding different records.

Locating an Inmate and Posting Bail

If you need to locate an inmate or post bail, several options are available:

• Bail Posting: You can contact the jail where the individual is held or attend court during arraignment to determine the bond amount and process for posting bail. Hiring a bail bondsman or an attorney can also help with the release process.
• Inmate Locator: The DPS website offers a statewide inmate search tool, and local jails often maintain their own inmate lists. Attorneys can assist in locating inmates and managing bail arrangements.

Searching Public Court Records

For those interested in court records related to arrests and convictions, the following steps can help:

• County Clerk’s Offices: Visit or contact the district clerk’s office in the relevant county to request court records. Some counties may offer online access to records, but availability can vary.
• Texas Courts Website: The Texas Courts website provides information on district courthouses and clerks. You can access records or contact the courthouse for specific details.

Conducting a Statewide Criminal Record Search

For a comprehensive criminal background check across Texas:

• DPS Criminal Records Division: The Texas Department of Public Safety handles official statewide criminal record checks. You can request these records online by selecting the type of search (name-based, fingerprint-based, or sex offender).

• Fingerprint Searches: For a more detailed search, fingerprint-based checks are available through the DPS and involve scheduling an appointment for fingerprinting.

Obtaining Copies of Criminal Records

To obtain copies of criminal records in Texas:

• DPS Requests: Request records from the Texas Department of Public Safety online. The DPS maintains a central repository for state criminal records.
• Local Agencies: You can also request records from local sheriff’s offices or police departments where the arrest or conviction occurred.

Locating Probation or Parole Information

For information on probation or parole:

• Texas Department of Criminal Justice: Use the Inmate Search/Parole Review Information link on their website to find parolees and check their status.

• Local District Clerk’s Office: Contact the local district clerk for probation records or information on community supervision.

Sealing or Expunging Records

In Texas, the process to seal or expunge records involves several steps:

• Eligibility: Certain records, such as non-convictions, first-time misdemeanor convictions, and cases where charges were dropped, may be eligible for expungement.
• Procedure: File a petition with the court, attend a hearing, and wait for the court’s decision. The process can take several months.

Locating State or Federal Prison Inmates

For finding inmates in state or federal prisons:

• Federal Prisons: Use the Federal Bureau of Prisons’ online search tool to locate inmates in federal facilities.
• State Prisons: Visit the Texas Department of Criminal Justice website to search for state prisoners.

Conducting a Warrant Search

Warrant searches in Texas can be conducted through various channels, including local law enforcement agencies and online databases.

By understanding these aspects and following the outlined steps, you can effectively search for and access Texas arrest records, ensuring you have accurate and up-to-date information.

How to Access the Texas Sex Offender Registry

The Texas Department of Public Safety manages the state’s sex offender registry. To search the registry, follow these steps:

• Visit the Texas Department of Public Safety website.
• Scroll to the bottom of the page and click on “Search Sex Offender Registry.”
• Click the link for “Texas Registry Search” in the description.
• Enter the individual’s first and last name, then click “Search.”
• Select the name from the list to view detailed information.

For a broader search, you can also use the Dru Sjodin National Sex Offender Registry. However, it’s often most effective to start with the Texas state site. The national registry will redirect you to the state site for specific details.

Details Available on the Texas Sex Offender Registry

The Texas registry provides:

• The offender’s full name
• The statute for their conviction
• Their location
• Photos and mugshots from each re-registration
• Identifying details about the offender

Accessing Prescription Monitoring Information

Doctors and pharmacists can use the Texas Prescription Monitoring Program website to check for individuals flagged for prescription drug abuse. Law enforcement officials can access this information with a valid search warrant or subpoena.

Understanding Texas Laws on Arrest Records

Texas background checks are regulated by state and federal laws, including the Fair Credit Reporting Act, which limits the lookback period for credit history and non-convictions to seven years. Federal laws enforced by the Equal Employment Opportunity Commission ensure that criminal records are used in compliance with anti-discrimination laws. If an individual feels a background check was used discriminatorily, they can file a complaint with the EEOC.

Background Check Regulations in Texas

• Texas Labor Code 52.031d prohibits illegal blacklisting.
• References provided by previous employers must be factual and non-inflammatory.
• Background checks can cover up to seven years for jobs with salaries under $75,000. For higher-paying positions, checks can extend back to the person’s 18th birthday.
• Dismissed or dropped charges, or non-convictions, do not appear on Texas background checks.

Texas Ban the Box Law

Currently, Texas does not have a Ban the Box law. This means employers can inquire about criminal history at any stage of the hiring process. Nevertheless, employers must adhere to EEOC regulations that prevent discriminatory practices in background checks.

Public Access to Criminal Records

Under the Texas Public Information Act, all criminal convictions and arrests are public unless they have been sealed or expunged. This also applies to juvenile records. Individuals and organizations can request records through local, state, or federal agencies, or hire a background check service. Records used for professional purposes must comply with relevant state and federal regulations.

Additional Notes

• Ensure background check services follow legal standards and practices.
• Be aware of laws regarding the use of background information in employment and tenant screening processes.

Frequently Asked Questions

Before we get to the FAQs, here are some key answers about Texas arrest records. This section addresses common questions about accessing and understanding these records to help you find the information you need.

What are Texas arrest records?

Texas arrest records are official documents that detail instances where an individual has been arrested by law enforcement in the state of Texas. These records include information such as the date and location of the arrest, the charges brought against the individual, and the arresting agency. They are maintained by various law enforcement agencies and can be accessed by the public through state databases or local law enforcement offices.

How can I access my Texas arrest record?

To access your Texas arrest record, you can request it through the Texas Department of Public Safety (DPS) or the local law enforcement agency that made the arrest. You will typically need to provide personal identification information and may be required to pay a fee. Additionally, you can check online portals provided by the DPS for public access to arrest records, but the availability may vary based on the nature of the record.

Can I get a copy of someone else’s Texas arrest record?

Yes, you can request a copy of someone else’s Texas arrest record, but access may be restricted depending on the nature of the record and the requester’s relationship to the individual. Certain records may be available through public databases, but sensitive or sealed records may require a formal request or legal justification to obtain. Always ensure you comply with legal requirements and privacy laws when requesting such information.

How long do Texas arrest records stay on file?

In Texas, arrest records generally remain on file indefinitely, even if the individual was not convicted. However, if the charges were dismissed or the individual was acquitted, they may be eligible to have their arrest record expunged or sealed under certain conditions. This process involves filing a petition with the court and meeting specific eligibility criteria, including the type of arrest and outcome.

What should I do if I find incorrect information on my Texas arrest record?

If you find incorrect information on your Texas arrest record, you should contact the agency that maintains the record, such as the Texas Department of Public Safety or the local police department. You may need to provide documentation to support your claim and request a correction. It is important to address any inaccuracies promptly, as they can affect background checks and other legal matters.