Texas Criminal Records

A Texas criminal record is a document compiled by various law enforcement and criminal justice agencies detailing a person's interactions with the state's criminal justice system. Each entry in the record is typically created at the moment of an arrest and may contain information for each stage of the criminal justice process until the final judgments, if applicable. Each interaction with the state's justice system adds a separate layer to a person's criminal record, painting an extensive image of the record owner's criminal history.

Texas criminal records are maintained by the Department of Public Safety. They serve various purposes and may be accessed for different purposes. Employers often use criminal records to evaluate the suitability of potential employees for the positions offered. Law enforcement may also use criminal records in varying situations, such as for tracking criminal activity and for arrests and prosecution purposes.

What is Included in the Criminal Record?

A Texas criminal record typically contains the following:

• The full name of the record owner, including known aliases
• The record owner's date of birth, sex, race, nationality, weight, and height
• A mugshot of the subject
• A complete set of fingerprints
• A list of arrests, dates of arrest, arresting agencies, charges, offense type, and outstanding warrants
• Case information, convictions, and dispositions

Are Criminal Records Public In Texas?

Except for records expunged or sealed under a nondisclosure order, arrest records, deferred adjudication records, and conviction records may be made available to the general public according to the provisions of Chapter 552 of the Texas Government Code.

How to Access Criminal Records in Texas

You can access your criminal history by making an appointment with a DPF FAST (Fingerprint Application Services of Texas) location in your area for a fingerprint-based search. Alternatively, you may conduct an online name-based search using the Texas Criminal History Conviction Name Search. A fingerprint-based search is more accurate than a name-based search since fingerprints are unique. With a name-based search, there is a potential for multiple matching results since the search system relies on comparing similar-sounding names.

Per Section 552.03 of the Texas Government Code, the Texas DPS maintains a policy allowing an individual or their authorized representative to access and receive a copy of their CHRI (Criminal History Record Information). The DPS FAST is available by scheduling an appointment online with the service provider - IdentoGO. An appointment can also be scheduled by calling IdentoGO at 1-888-467-2080. The fingerprinting service costs $10, and there is a $15 fee for the CHRI. The criminal history record will be emailed or mailed to the address provided by the requester.

At your fingerprinting appointment, bring your photo identification and fee payment. If you are using a document other than an unexpired Texas driver's license, refer to the DPS' list of acceptable ID documents. At the time of service, you can pay the applicable fee using VISA, MasterCard, Discover, AMEX, business checks, and money orders. Cash and personal checks are not accepted.

After your fingerprints have been taken, it will be submitted electronically to the DPS. You will not get a printed fingerprint card. Once the DPS has received your information, it takes up to 10 business days for the results to be ready. However, additional time may be required to deliver the record via postal service. For more details about obtaining a CHRI via fingerprinting, see the DPS personal CHRI review procedure document.

If you want to access someone else's criminal record, visit the Texas Criminal History Conviction Name Search to conduct a name-based search. The search system is linked with a public criminal record database extracted from the Texas DPS Computerized Criminal History (CCH) System. The database will allow users to access arrests, prosecution, and disposition information of cases for persons arrested for Class B misdemeanor or greater. Some Class C convictions may be available if reported to the DPS. A name-based search done offline through the Texas DPS costs $10.

To use the Criminal History Search system, you must first create an account and buy credits to perform a search. A search credit costs $3. If you buy credit with a credit card, an additional 2.25% applies, meaning the cost rises to $3.07 for a search credit. Note that if you are mailing in a check for the search credit fee, the Texas DPS must first receive payment for the credit for the search feature to become available. A search credit allows you to search and view a single matching record, if any. The search credit will still be used even if no matches are found, or the matching record result is not viewed. When completing a search, you will need to provide the subject's first name, last name, middle or maiden name, or complete or partial birth date.

Note that Texas also maintains a Public Sex Offender Registry for registered sex offenders in the state. The Registry typically contains information provided to law enforcement authorities in the state by sex offenders. The public can legally access the information in the Registry via the Registry's website. Also, local law enforcement authorities in the state maintain a sex offender registry for all sex offenders registered with the local authority. The information in the local sex offender registry is also available to the public. For some of these local registries, the local law enforcement authorities maintaining them have established websites for the public to access criminal information for sex offenders living in their municipalities.

What is Considered a Felony in Texas?

Felonies are the most serious kind of crime that may be committed under Texas laws. The state classifies felony crimes according to the offense's seriousness and the severity of the acceptable punishment. There are five classes of felonies in Texas. These are:

State Jail Felony

These kinds of crimes are deemed to be only a level above misdemeanors. Examples include:

• Evading arrest
• Cruelty to animals
• Credit card abuse
• Theft of property valued between $2,500 and $30,000
• False report or false alarm
• Interfering with child custody
• Possession of small amounts of certain controlled drugs
• Unauthorized use of a vehicle
• Burglary of a building
• Check forgery
• Child endangerment DWI
• Any offense deemed by statute as a felony but with no specific category

Note that Texas treats state jail felonies as third-degree felonies if the defendant has certain prior convictions, has already been convicted of 2 state jail felonies previously, or used a deadly weapon during the commission of the crime.

Third-Degree Felonies

These offenses are more serious than state jail felonies. Examples include:

• Stalking
• Tampering with evidence
• Indecent exposure to a child
• Deadly conduct with a firearm
• Assault
• Smuggling of persons
• Failing to comply with sex offender program requirements

Second-Degree Felonies

Second-degree felonies are more serious than third-degree felonies. Examples include:

• Arson
• Sexual assault
• Robbery
• Aggravated assault
• Possessing between 50 and 2,000 pounds of marijuana
• Bribery
• Stalking (second offense)
• Evading arrest involving the death of another person
• Manslaughter and intoxication manslaughter
• Indecent contact with a child
• Bigamy
• Human trafficking
• Improper educator-student relationship
• Online solicitation of a minor under 14 years

First-Degree Felony

Crimes classified under this category are the second most severe crimes under Texas laws. These include:

• Aggravated kidnapping
• Aggravated robbery
• Attempted capital murder
• Solicitation of capital murder
• Trafficking minors below the age of 14
• Arson of a habitation resulting in death
• Aggravated sexual assault against a child
• Causing a serious bodily injury to a senior citizen, disabled person, or child

Capital Felony

A capital felony is the most severe offense in Texas. Currently, only capital murder is categorized under capital felony. Capital murder is an act of intentionally killing someone or a group of persons when some other circumstance exists. For instance, killing someone during a kidnapping, genocide, or killing a group of persons via an aircraft hijack may be deemed capital felonies.

Penalties For Texas Felonies

The penalties for felonies in Texas are outlined in Chapter 12, Title 3 of the state's penal code. The penalties for felony crimes vary according to the classification of the offense.

• Capital Felony: This offense is punishable by death or life imprisonment. If the convict is over 18, a life sentence is without the possibility of parole.
• First-Degree Felony: First-degree felonies are punishable by imprisonment for life or a term not more than 99 years but not less than five years. In addition, the offender may also be punished with a fine of up to $10,000
• Second-Degree Felony: A second-degree felony offense is punishable by imprisonment for a term not more than 20 years but not less than two years. In addition, the offender may also be punished with a fine of up to $10,000
• Third-Degree Felony: Third-degree felonies are punishable by imprisonment for a term not more than 10 years but not less than two years. In addition, the offender may also be punished with a fine of up to $10,000
• State Jail Felony: A state jail offense is punishable by confinement in a state jail for at least 180 days but no more than two years. The offender may also be punished with a fine of up to $10,000

Texas takes a hard stance against repeat and habitual offenders. When an offender has one prior felony and now commits a second felony, they may be referred to as repeat offenders. However, when an offender has at least two previous felonies and has now committed a third offense, they may be referred to as habitual offenders.

Penalties faced by repeat offenders may be increased depending on the specific circumstances in the case, such as:

• If a defendant has been previously convicted of a third-degree or higher felony and is now convicted of another third-degree felony, the new conviction will be sentenced as a second-degree felony.
• If a defendant was once convicted of a third-degree or higher felony offense and has now been convicted of a second-degree felony, the new conviction will be sentenced as a first-degree felony.
• If a defendant was once convicted of a third-degree or higher felony and has now been convicted of a first-degree felony, the new conviction will be sentenced as though it were a capital felony, punishable with a minimum of 15 years in prison.
• If a defendant was once convicted of two state jail convictions and has now been convicted of a new state jail felony, the latest conviction will be sentenced as a third-degree felony.
• If a defendant has been convicted of two prior third-degree or higher felony crimes committed in a series, a new state jail felony offense will be treated as a second-degree felony.

For habitual offenders, a third felony may be subject to the state's three strikes law. The law states that some offenses committed with two previous occurrences preceding them may result in the most severe penalties. For instance, if you have two prior felonies subject to the Texas three strikes law, a third felony may result in penalties such as a life sentence, imprisonment of up to 99 years, or prison terms not less than 25 years.

Note that having a felony conviction may come with some collateral consequences besides jail times and fines, such as:

• Losing the right to vote
• Losing immigration status
• Being prohibited from joining certain associations and working in some professions
• Losing the right to own weapons or carry a firearm

What is a Misdemeanor in Texas?

Misdemeanors are typically less serious offenses than felonies, and may carry a punishment of up to one year imprisonment in a county or local jail. Misdemeanors in Texas are classified according to the relative seriousness of the offense committed into three categories:

Class A Misdemeanors

Offenses in this class are deemed the most severe of misdemeanor charges in the state. Class A misdemeanors include:

• Violation of protective order
• DWI (second offense)
• Perjury
• Resisting arrest
• Theft of a property valued between $750 and $22,500
• Carrying a gun without a permit
• Burglary of a vehicle
• Burglary of a coin-operated machine
• Public lewdness
• Evading arrest on foot
• Interfering with a 911 call
• Jumping bail for a misdemeanor offense
• Escaping from misdemeanor custody

Class B Misdemeanor

Class B misdemeanors are slightly less severe than Class A misdemeanors. Examples include:

• Prostitution
• Riot
• Criminal trespass
• Possession of up to 2 ounces of marijuana
• First offense DWI
• Intentionally lying to the police
• Harassment
• Silent or prank calls to 911
• Presenting a fraudulent degree

Class C Misdemeanors

Offenses in this class are the lowest level criminal offenses in Texas. Examples include:

• Traffic violation
• Noise complaint
• Disorderly conduct
• Public intoxication
• Bail jumping
• DUI as a minor
• Simple assault
• Leaving a child alone inside a vehicle
• Use of laser pointers
• Shoplifting or petty theft of items valued at less than $50
• Gambling
• Possessing alcohol or tobacco as a minor

Penalties for Texas Misdemeanors

Penalties for misdemeanors in Texas are codified under Sections 12.21, 12.22, and 12.23 of the Texas Penal Code. The penalties for misdemeanors vary according to the class of the crime:

• Class A misdemeanors: Class A misdemeanors may be punished with a jail term sentence not exceeding one year, a fine of up to $4,000, or both. Class A misdemeanors in Texas may be enhanced if some elements are present in the circumstances of the case, making the offense more serious. For instance, online impersonation may be upgraded to a third-degree felony if the act was intended to get a police response. Also, forgery may be upgraded to a state jail felony if the victim of the crime is elderly.
• Class B misdemeanors: Class B misdemeanors may be punished with a jail term sentence not exceeding 180 days, a fine of up to $2,000, or both
• Class C misdemeanors: A defendant convicted of a Class C misdemeanor may be punished with a fine not exceeding $500.

Note that a prior history of crimes may increase the penalty for a new misdemeanor charge. For instance, a first-time DWI offender will be charged with a Class B misdemeanor. However, a second-time offender for the same offense will be charged with a Class A misdemeanor. A subsequent charge may be bumped up to a third-degree felony.

Beyond jail terms and fines, a misdemeanor conviction can have lifestyle, employment, and education-related collateral consequences for the offender. Some of these include loss of the right to use a firearm, deportation, suspension of driving privileges, disqualification from some associations and obtaining certain professional licenses, and disqualification from receiving some types of financial aid.

How Long Does a Texas Criminal Record Stay In a Background Report?

Criminal charges stay permanently on your Texas criminal records unless the records have been expunged. Felony and misdemeanor charges remain on an individual's criminal history record for life and may show up on a background check unless expunged or sealed.

However, pursuant to Section 1681c of the United States Code, reporting agencies may be prohibited from including criminal arrests on your record if the arrest is more than seven years old. Note that this does not mean criminal arrest no longer exists on your record and does not apply to convictions. Hence, if you are charged with a crime and the charge has been dismissed, the arrest may not be reported if seven years have passed. However, if you are determined guilty of the crime, the conviction will be reported on your criminal record for life except if expunged.

Sealing and Expungement of Criminal Records in Texas

Although most convictions cannot be removed from one's criminal record, Texas allows you to remove information related to arrest, charge, or conviction from your personal criminal records in specific instances. This is referred to as an expunction in the state. If your criminal record is expunged in Texas, all information pertaining to that record is removed from your criminal history, and you can legally deny that the incident ever happened.

Chapter 55 of the Texas Penal Code outlines offenses and arrests that may be expunged under Texas laws. Except in a pardon or acquittal on appeal scenario, if you are convicted of a crime or placed on community supervision for a crime other than a Class C misdemeanor, you may not be eligible for an expunction. Also, if an arrest relates to a probation violation warrant or you abscond from the jurisdiction after a release on bond, you may not be eligible for an expunction.

Records permitted under Texas law for expunction include:

• An arrest for an offense that was never charged
• A criminal charge for an offense that was ultimately dismissed
• Some qualifying misdemeanor juvenile crimes
• Conviction of a minor for some alcohol crimes
• Conviction for failure to attend school
• An arrest that was never formally charged if the prosecuting attorney's office attests that the records and files are not required for use in any criminal investigation or prosecution of another person
• An arrest that is not charged if no case was filed and no felony offense was due to the same transaction for which you were arrested
• Conviction for a crime later pardoned by the Governor of Texas or the United States President
• Conviction for a crime acquitted by the Court of Criminal Appeals or the trial court
• Arrest, charge, or conviction on an individual's criminal record due to identity theft committed by another person who was arrested, charged, or convicted of the crime

Note that not all persons with records eligible for expunction qualify to receive an expunction. You cannot file a petition for the expunction of a charge (felony) dismissed if the statute of limitation for the offense subject to the dismissal has not expired. The statute of limitation is the amount of time the state or county has to prosecute an action against a person after the person has been arrested for a crime.

Some common examples where an expunction order is usually granted include:

• Expunction after acquittal: If you are arrested for an offense, you may be entitled to have all records related to the offense expunged if acquitted by the trial court, unless the acquittal arose from a criminal episode involving other offenses for which you were convicted or remains subject to prosecution. A criminal episode involves two or more offenses connected by a common scheme or plan or repeated commission of similar offenses.
• Acquittal on appeal or pardon: If you are convicted of an offense and later acquitted or pardoned based on actual innocence, you may be entitled to have all related records expunged. However, the expunction will not be granted if you were involved in a criminal episode with other offenses for which you were convicted or are still facing prosecution.
• Expunction for cases never filed: If you were arrested but not charged by an indictment, information, or complaint, you can file for an expunction before the statute of limitations expires, provided the case is not presented within the applicable timeframe and there was no felony charge from the same transaction. The expunction timeframe is as follows:
• At least 180 days from the arrest date for a Class C misdemeanor
• At least one year for a Class B or A misdemeanor
• At least three years for a felony
• Expunction on the recommendation of the prosecuting attorney: You may obtain an expunction if the prosecuting attorney's office recommends it to the court before the trial. However, granting the expunction is at the court's discretion, meaning the court can reject the recommendation and deny the expunction.
• Juvenile offenses: Offenses such as misdemeanors punishable by fines committed before the age of 17, violations under the Alcoholic Beverage Code, and convictions for Failure to Attend School may be expunged. However, you must follow specific procedures and meet certain criteria before the court will grant an expunction. For example, you cannot apply for an expunction of a juvenile record until you reach a certain age and must not have multiple convictions.

If the nature of an offense, charge, or conviction makes expunction a non-option, you may be able to obtain an order for nondisclosure. While a nondisclosure order does not completely destroy all records of an offense, it limits accessibility to the records. If your record is subject to an order of nondisclosure, that record is removed from public records and will not be released or accessed publicly. However, the records will be available to government agencies and be admissible in certain court actions. Per Sections 411.071 and 411.081 of the Texas Government Code, an individual who has successfully completed deferred adjudication and obtained a discharge and dismissal of the deferred adjudication may petition the court for a nondisclosure order.

Some other conditions apply for an individual to be eligible for a nondisclosure order. For instance, you cannot apply for a nondisclosure order until after the statutory waiting time has elapsed. In that waiting period, you must not be convicted of another offense. The waiting period varies between 0 and 10 years, depending on the offense. Note that if you are charged with family violence, aggravated kidnapping, a sex offense requiring registration, murder, or other certain types of offenses, you will not be able to get a nondisclosure order.

Obtaining a nondisclosure order is similar to the process of obtaining an expunction order. In either case, you must file a petition with the court involved with the original crime. Afterward, a hearing will be conducted after proper notice is given to the parties involved, and the court will determine whether to grant the requested order. The court typically has more discretion to decide whether a nondisclosure order may be given than a judge has when an order for expunction is requested. If justice would not be served by granting an order of expunction or nondisclosure, a judge will deny a sealing or expungement petition. Due to the complicated nature of obtaining an expunction or nondisclosure order in Texas, it is recommended that you seek the services of an experienced expungement attorney when you are considering filing a record-sealing petition.