Texas Arrest Records
What is An Arrest Record in Texas?
In Texas, as in other states, anytime an individual is incarcerated it's documented with the state and goes on your personal record as an arrest record. It's important to understand the difference between an arrest record and a criminal record. Having an arrest record doesn't mean you are guilty of a crime. All it means is that you were arrested for being suspected of a crime. Your guilt or innocence will be decided in court. You get a criminal record after being found guilty in a court of law for a specific crime. If you are incarcerated, but found innocent of the crime, then all that will be on your file is an arrest record. In this case a criminal record will not be attached to your name and you don't have to disclose the arrest incident to anyone since it will not show up on a background report as a criminal offense.
Texas arrest records show only a history of a persons arrests and all instances in which that person has been in jail or in collision with the law. Arrest records may include the following information:
Person's name and age at the time of arrest
Physical description and photo if available
Personal details or the individual
Last known address on file
Dates of the arrest(s)
The type of crime you were charged with and whether it was a felony or misdemeanor
Fines associated with the arrest(s)
Release dates from prison
Other past criminal convictions
Pending court hearings
Any other information related to the crime
If you have more specific questions regarding criminal records in the state of Texas, you can visit the Texas Department of Public Safety's page of Frequently Asked Questions to help you learn more about how the system works. The Department of Public Safety is the criminal history repository for the state of Texas. 254 Texas counties submit criminal data to be included in the state's Computerized Criminal History System (CCH). The CCH records are comprised of crimes submitted within the state of Texas only. Chapter 60, Code of Criminal Procedure requires that information on arrests, prosecutions and dispositions higher than a class B misdemeanor committed in the state of Texas be included in the CCH database. Under Texas law, arrest records and conviction records are considered public domain. You can gain access to public and criminal background information for any record in Texas by visiting the Department of Public Safety's Criminal History System. They offer an online search for your convenience.
How to Get a Record Expunged
Please note that criminal and arrest record information will remain on your personal history record indefinitely unless you are eligible to get the record removed or expunged. The state of Texas has provisions for expunging records. The requirements and procedures for expungement of arrest records, court records and criminal records are outlined in Chapter 55 of the Texas Code of Criminal Procedure.
To get a record expunged means that the record of a previous offense will be erased. This means the record will be unavailable for viewing through state or federal repositories and will not show up on background checks. Once an expungement has been granted you can treat the offense as if it never happened since it will no longer be attached to your personal file. An expungement can only be granted by a judge. That is standard throughout all 50 states. However, in some jurisdictions and depending on the crime, records may not completely be removed. In these cases law enforcement, judges, and corrections facilities could have access to these sealed records if the person is sentenced on subsequent convictions.
Chapter 55 of the Texas Code of Criminal Procedure states the requirements and procedures for getting arrest records, court records and criminal history records expunged. If you aren't sure what to do you can always hire a lawyer. A lawyer will be able to determine which records can be expunged and help you get a record removed successfully. The Texas Department of Public Safety advises any individual who wants to get records expunged to obtain a copy of their criminal history first.
What if There is Inaccurate Information on My Arrest History?
The Texas Department of Public Safety has an Error Resolution Unit in place to update and evaluate incorrect criminal history records. If you believe there is false arrest information on your personal record you can contact the Error Resolution Unit to try and get the record resolved and removed. Errors may be reported by law enforcement, judicial agencies, or individual citizens. In any case you will need to supply certified documents to the Error Resolution Unit. This link Help us Help You will point you in the right direction. You may also contact the Error Resolution Unit regarding a potential error by email at error.resolution@dps.texas.gov.
In Texas, as in other states, anytime an individual is incarcerated it's documented with the state and goes on your personal record as an arrest record. It's important to understand the difference between an arrest record and a criminal record. Having an arrest record doesn't mean you are guilty of a crime. All it means is that you were arrested for being suspected of a crime. Your guilt or innocence will be decided in court. You get a criminal record after being found guilty in a court of law for a specific crime. If you are incarcerated, but found innocent of the crime, then all that will be on your file is an arrest record. In this case a criminal record will not be attached to your name and you don't have to disclose the arrest incident to anyone since it will not show up on a background report as a criminal offense.
Texas arrest records show only a history of a persons arrests and all instances in which that person has been in jail or in collision with the law. Arrest records may include the following information:
Person's name and age at the time of arrest
Physical description and photo if available
Personal details or the individual
Last known address on file
Dates of the arrest(s)
The type of crime you were charged with and whether it was a felony or misdemeanor
Fines associated with the arrest(s)
Release dates from prison
Other past criminal convictions
Pending court hearings
Any other information related to the crime
If you have more specific questions regarding criminal records in the state of Texas, you can visit the Texas Department of Public Safety's page of Frequently Asked Questions to help you learn more about how the system works. The Department of Public Safety is the criminal history repository for the state of Texas. 254 Texas counties submit criminal data to be included in the state's Computerized Criminal History System (CCH). The CCH records are comprised of crimes submitted within the state of Texas only. Chapter 60, Code of Criminal Procedure requires that information on arrests, prosecutions and dispositions higher than a class B misdemeanor committed in the state of Texas be included in the CCH database. Under Texas law, arrest records and conviction records are considered public domain. You can gain access to public and criminal background information for any record in Texas by visiting the Department of Public Safety's Criminal History System. They offer an online search for your convenience.
How to Get a Record Expunged
Please note that criminal and arrest record information will remain on your personal history record indefinitely unless you are eligible to get the record removed or expunged. The state of Texas has provisions for expunging records. The requirements and procedures for expungement of arrest records, court records and criminal records are outlined in Chapter 55 of the Texas Code of Criminal Procedure.
To get a record expunged means that the record of a previous offense will be erased. This means the record will be unavailable for viewing through state or federal repositories and will not show up on background checks. Once an expungement has been granted you can treat the offense as if it never happened since it will no longer be attached to your personal file. An expungement can only be granted by a judge. That is standard throughout all 50 states. However, in some jurisdictions and depending on the crime, records may not completely be removed. In these cases law enforcement, judges, and corrections facilities could have access to these sealed records if the person is sentenced on subsequent convictions.
Chapter 55 of the Texas Code of Criminal Procedure states the requirements and procedures for getting arrest records, court records and criminal history records expunged. If you aren't sure what to do you can always hire a lawyer. A lawyer will be able to determine which records can be expunged and help you get a record removed successfully. The Texas Department of Public Safety advises any individual who wants to get records expunged to obtain a copy of their criminal history first.
What if There is Inaccurate Information on My Arrest History?
The Texas Department of Public Safety has an Error Resolution Unit in place to update and evaluate incorrect criminal history records. If you believe there is false arrest information on your personal record you can contact the Error Resolution Unit to try and get the record resolved and removed. Errors may be reported by law enforcement, judicial agencies, or individual citizens. In any case you will need to supply certified documents to the Error Resolution Unit. This link Help us Help You will point you in the right direction. You may also contact the Error Resolution Unit regarding a potential error by email at error.resolution@dps.texas.gov.
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