Texas Criminal Court Records

Criminal court records consist of the documents and information generated or filed during a criminal proceeding. They serve as an official account of all actions taken within a case, ensuring transparency in the judicial process. The clerks of the courts are the primary custodians of these records. In accordance with state law, these records are generally open to public access, though certain exceptions exist.

Are Criminal Court Records Public in Texas?

Yes, Texas criminal court records are public, subject to the rules established in the state's common law, court rules, and judicial rulings, rather than the Texas Public Information Act.

However, not all criminal court records are available for public inspection. Certain records are protected and not subject to disclosure except to authorized persons. These include

Records related to ongoing criminal investigations
Records subject to an order of nondisclosure
Certain sensitive information in criminal court records
Juvenile records
Identifying information of crime victims

What Criminal Court Records Contain in Texas

The publicly accessible contents of a Texas criminal court record typically include

Case information, including the case number, case type, date filed, and location
Party information: Defendant and attorney names
Charge information: Charges, statute violated, charge level, and date
Events: Dispositions, hearings, appeals, and other events

Notably, confidential information is not available in publicly accessible criminal court records. They are only open to those with a direct interest in the record and certain officials.

Texas Criminal Court Records Search

Individuals have several pathways for locating criminal court records in Texas. These records are primarily maintained at the county level by the court that handled the case. Therefore, inquirers can visit the relevant courthouse in person to request access to a record from the court clerk. The clerk will typically ask for a name or case number to locate the file. Requesters should be prepared to pay a fee for copies; a name search can cost between $5 and $10, depending on the county. Paper copies are typically $1 per page, with an additional $5 fee for certification.

Texas does not have a centralized, statewide database of criminal court records available to the public. For online access, individuals must use the record search portal provided by the specific county or court. Examples of county-level portals include

Searches on the online platforms can usually be done using the defendant's name, case number, and the file date.

Free Access to Criminal Court Records in Texas

Persons who cannot afford personal copies of a criminal court record in Texas can search for the record using the court's case search portal, if available, as most of these portals allow access to court records at no cost. Court documents, however, may not be provided for free.

If the court does not have a case portal, one can still view the record at the courthouse for free. Courts typically do not charge a search fee if a name search is requested. Individuals may be allowed to view a record's contents for free if they provide a case number and do not ask for copies.

Furthermore, indigent parties may request a fee waiver by filing a Statement of Inability to Afford Payment of Court Costs form. If the waiver is granted, the applicant will be relieved of the burden of copy costs.

Sealing and Expungement of Criminal Court Records in Texas

Texas courts can restrict public access to criminal court records through sealing or expungement. A record is sealed when the court issues an order of non-disclosure. This order removes the case file from public view, though the record continues to exist. In contrast, expungement (which typically applies to arrests or certain convictions) results in the complete removal of the record from an individual's criminal history.

Sealing and expungements in Texas are subject to specific eligibility criteria highlighted in Tex. Gov't Code §§ 411.071-411.0815 (for sealing) and Tex. Code Crim. Proc. art. 55A.001 et seq. (for expungements). An individual is generally eligible for sealing or expungement if

They were arrested and tried for the offense, but were acquitted of the charges in court.
They received a conviction but were later pardoned.
The arrest was made due to inaccurate identifying information caused by a clerical error or deception.
They have completed deferred adjudication community supervision without a final conviction.

Several violent or sexually related offenses are ineligible for sealing or expungement if a conviction occurred.

How to Seal Criminal Court Records in Texas

Obtaining an order of non-disclosure in Texas involves various processes. The first step is to determine eligibility under Tex. Gov't Code §§ 411.071-411.0815, which includes completing mandatory waiting periods. The waiting period for serious misdemeanors is two years after the discharge date, and the waiting period for felony cases is five years. Certain deferred adjudication cases involving misdemeanors have no waiting period.

After determining eligibility, the next step is to prepare and file a Petition for Order of Nondisclosure in the court where the case was initially handled. The filing fee for an order is $54 unless the petitioner submits a Statement of Inability to Afford Payment of Court Costs to have the fee waived.

Some nondisclosure orders for certain nonviolent misdemeanors under Tex. Gov't Code § 411.072 are automatic and do not require the defendant to file a petition, eliminating the need for filing fees. The defendant instead pays a $28 administrative fee for the order to be issued. The Texas Office of Court Administration (OCA) provides a model letter that defendants can forward to the court to trigger the issuance of the order. However, the court can not issue an order until at least 180 days after the discharge or dismissal date.

The next step after a petition is filed (for non-automatic orders) is to serve the prosecuting attorney a copy of the petition. This allows the attorney to contest the sealing if they believe the record should not be sealed.

The final phase is court review and a potential hearing. Some uncontested petitions may be granted without a hearing. If objections are raised, a hearing will be held, during which the court will examine the petition and objections before issuing a ruling in the best interest of justice.

How to Expunge a Criminal Record in Texas

Expungements permanently remove a criminal record from the public space. In Texas, expunctions are only possible if the criminal case did not result in a conviction, or the sentence was later overturned or pardoned.

Verifying eligibility is the first step in obtaining an expunction order in Texas. Following verification, individuals may then file a Petition for Expunction (see Dallas County form) in the district court of the county where the arrest occurred. Filing comes with a $100 fee, which includes other fees that may apply under local rules. However, the fee is waived if

The petitioner was acquitted (except acquittals under Tex. Code Crim. Proc. art. 55A.151), and the petition is filed within 30 days of the acquittal.
The petitioner is entitled to expunction after completing a veterans treatment court program.

The next step involves the service of process and the court hearing. The defendant must serve the petition to the prosecutor's office and the relevant law enforcement agencies. These departments may then object to the petition at the court hearing if they choose. If the court finds the petition to be in full accordance with the law and above any objections made, it will issue an expunction order.

Criminal Records in Texas vs Court Records

Criminal records and court records, although related, originate from distinct parts of the justice system and serve different purposes. Criminal records offer a comprehensive history of a person's encounters with the criminal justice system across the state. Court records are case-specific documents and files generated from the judicial process within a specific court.

Requesting a Texas Criminal History Record

Criminal history records are maintained by law enforcement agencies, mainly the Texas Department of Public Safety (DPS). Individuals (or their authorized representative) generally have the right to request their own criminal history records. Access to another person's criminal history records is restricted. These measures balance an individual's right to access their own information with the need to safeguard personal privacy from unauthorized public disclosure.

How to Request a Texas State Background Check

Individuals may request a copy of their own criminal history record from the DPS's Crime Records Division. Texas uses the Fingerprint Applicant Services of Texas (FAST) system to disseminate criminal history records.

The FAST service requires individuals to submit their fingerprints for the request to be processed. Requesters have to schedule an appointment (online or by phone) and visit one of the DPS's FAST locations operated by their contracted fingerprinting vendor. The applicant must provide a valid ID card at the service location for their fingerprints to be collected. Fingerprinting costs $10, and an additional $15 for the criminal history record.

The private vendor will forward the fingerprints electronically to the DPS, and the results will be mailed or emailed to the applicant.

Active vs Archived Criminal Cases in Texas

The classification of criminal cases as active or archived depends on the record's accessibility and status within the court system. Active cases are still being heard in court; thus, they appear on court calendars, dockets, and online court portals. Archived criminal court records are older cases that have reached a conclusion and been inactive for a predetermined time. These older records may be archived by transferring them to the Texas State Library and Archives (TSLAC) or the Texas Supreme Court Archives. Individuals can access archived Texas criminal court records through these agencies.