Getting background information about a person’s criminal history is necessary when you hold specific roles, such as an employer or landlord. For instance, talent managers and building administrators can determine whether potential hires or tenants can threaten the business or fellow occupants through a screening process. Money lenders and gun distributors can also conduct similar checks.
Checking whether someone has served in a correctional facility is common among companies everywhere, including in Texas. Arrest records in Texas are public documents. Hence, individuals can access them. Read on to know more about the Lone Star State arrest record, why some records do not appear in archives, and the expunction and application process.
Public Access to Arrest Records in Texas
Arrest records, also called rap sheets, are considered public documents according to the Texas Freedom of Information Act. The Crime Records Service (CRS) of the Texas Department of Public Safety controls these records.
The names on the CRS search tool include individuals arrested for:
- Class B misdemeanors and higher
- Class C convictions
- Deferred adjudications
Individuals with deferred adjudications were arrested but were acquitted. They are released into the community and comply with terms set by the court as probationers do. The top requirement is not to commit a new offense.
When offenders with deferred adjudications fulfill their community supervision conditions in the time required, they get a chance to have their offenses removed from criminal records.
Although the issuance of deferred adjudications depends on one’s criminal history and case, first-time offenders usually benefit from this judgment.
The public can access this information using the department’s computerized criminal history system.
If you want to look up your arrest record, you can do a name-based search online by going to the department’s criminal history name search webpage. You may also go and read this article on how to find someone in jail.
The department’s CRS recommends this same search tool for those who wish to screen the criminal backgrounds of other people for employment or housing. But employers and housing officials need to get a person’s written consent for these checks.
Meanwhile, you will need to schedule a visit to your nearest FAST (Fingerprint Applicant Services of Texas) location if you need a printout of your criminal history record information.
Organizations typically require fingerprint-based criminal history reviews when hiring security and armed guards, security stem contractors, child care providers, and teachers.
Employers and landlords use these fingerprint documents to get accurate results when counter-checking one’s identity with judicial state agencies, such as the Federal Bureau of Investigation.
Reasons Why Some Arrest Records Do Not Appear on State Archives
People arrested in the past may not appear in the government database for the following reasons:
- They were acquitted
- Their charges were dismissed without admission of guilt
- Their charges were expunged
- Their record is sealed
Criminal lawyers can help an individual determine whether they qualify for expunction or the removal of their criminal record for public viewing.
Those with criminal records may also file a petition for nondisclosure to seal their records from the public. However, sealed records are still accessible to law enforcement agencies and professional licensing boards.
Expunction and Application Procedure
If in case you have a record and it has been expunged, you will have less to worry about when applying for a job, looking for housing, applying for loans, and getting profession-specific licenses.
Still, some companies or government entities may not favor those with criminal records.
You can request the court to permanently remove your record from the criminal history database of Texas by hiring an attorney to apply for anexpunction.
You become eligible for expunction if
- You were acquitted after being arrested and charged, and the case is no longer pending
- You received a pardon due to false information or absence of probable cause
- A higher court exonerated you after being declared guilty at the trial court level
- You successfully finished serving your deferred adjudication in a Class C misdemeanor
- Prosecutors or law enforcers did not present charges within the statutory time after your arrest
Statutory time refers to the maximum period in which parties can file a lawsuit from the date of an alleged offense. The statutes of limitations differ for civil and criminal cases. Still, crimes such as murder or sexual assault against children do not have a time limit.
- Your unlawful carrying of weapons conviction happened before September 1, 2021.
People arrested but not charged must honor specific “wait periods” before applying for expunction. The following time frames start from one’s date of arrest:
- Class C misdemeanors: 180 days
- Class A and B misdemeanors: One year
- Felonies: Three years
An experienced Texas criminal lawyer can help you verify whether you are expunction-eligible.
Once your defense team confirms you are eligible, they gather your personal identifying information (including a fingerprint card from the Department of Public Safety), details about your offense, your arrest, and how the court resolved the charges.
These data will back up your petition for expunction that your defense team will submit to the district court.
The court schedules a hearing after receiving your petition, during which respondents can contest the expungement. The court will likely signan expunction order if you meet all the requirements.
The entire process—from filing the petition to securing the order of expunction— can take about six months. Courts usually set a hearing schedule for expunction cases no earlier than 30 days from the petition filing.
References
https://txcountyoffices.org/texas-criminal-records/
https://www.dps.texas.gov/section/crime-records/crime-records-overview
https://www.dps.texas.gov/section/crime-records-service/faq/crime-records-services-faqs
https://publicsite.dps.texas.gov/DpsWebsite/CriminalHistory/
https://www.dps.texas.gov/section/crime-records/fingerprinting-services
https://texaslawhelp.org/article/clear-or-seal-your-record-expunctions-vs-nondisclosures-in-texas
https://www.cleanslatetexas.org/eligibilityl
https://texaslawhelp.org/article/clear-or-seal-your-record-expunctions-vs-nondisclosures-in-texas
