Arrest records are public information in the state of Texas. This accessibility is governed by the Texas Public Information Act (Texas Government Code Chapter 552), which establishes that information collected, assembled, or maintained by governmental bodies must be available to the public. Pursuant to this legislation, records maintained by law enforcement agencies, including arrest records, are considered public documents. This statutory framework ensures transparency and accountability within the criminal justice system while providing citizens with access to information regarding law enforcement activities.
The Texas Department of Public Safety (DPS) serves as the central repository for criminal history information in the state. Members of the public seeking arrest record information may submit requests to the appropriate governmental entity in accordance with established procedures under Texas Government Code § 552.021.
The Texas Department of Public Safety and local law enforcement agencies maintain multiple channels through which members of the public may access arrest records. Individuals seeking arrest record information may utilize the following methods:
Online Criminal History Search: The Texas Department of Public Safety Crime Records Service maintains a searchable database of criminal history information, including arrest records. Users may conduct name-based searches for a prescribed fee.
County and District Clerk Offices: Arrest records associated with court proceedings may be accessed through the clerk's office in the county where the arrest occurred. These offices maintain public terminals for record searches.
Local Law Enforcement Agencies: Police departments and sheriff's offices maintain records of arrests conducted within their jurisdictions. The Houston Police Department and other municipal agencies provide public information request services for arrest records.
Written Requests: Pursuant to the Texas Public Information Act, individuals may submit written requests to the custodian of records at the relevant agency. Requests must reasonably identify the records sought.
Commercial Background Check Services: Third-party vendors offer arrest record search services, though these services may not provide complete or current information.
Texas Department of Public Safety - Crime Records Service
5805 N. Lamar Blvd.
Austin, TX 78752
512-424-2000
Official Website
Texas arrest records contain standardized information as prescribed by the Texas Code of Criminal Procedure and administrative regulations. A comprehensive arrest record typically includes the following elements:
The Texas Code of Criminal Procedure § 60.01 establishes requirements for criminal history record information. Pursuant to this statute, law enforcement agencies must report arrest information to the Texas Department of Public Safety within seven days of the arrest.
The public's right to access arrest records in Texas is established through a comprehensive legal framework. The Texas Public Information Act (TPIA), codified in Texas Government Code Chapter 552, serves as the primary statutory authority governing access to government records, including arrest information. Under this legislation, governmental bodies must promptly release requested information unless specific exceptions apply.
Texas Government Code § 552.108 provides limited exceptions for law enforcement records when release would interfere with detection, investigation, or prosecution of crime. However, basic information about an arrested person, an arrest, or a crime is expressly made public under § 552.108(c).
The Texas Code of Criminal Procedure further addresses arrest record management. Article 60.06 establishes that criminal history record information maintained by the Department of Public Safety is public information, with certain exceptions for restricted or sealed records.
Additionally, the Michael Morton Act (Texas Code of Criminal Procedure Article 39.14) expanded discovery requirements in criminal cases, indirectly affecting the availability of arrest-related information to defendants and their counsel.
While arrest records are generally public in Texas, state law establishes specific circumstances under which access may be restricted. The following categories of arrest records may be subject to limited public access:
Juvenile Records: Pursuant to Texas Family Code § 58.007, records pertaining to juvenile offenders (under age 17) are subject to heightened confidentiality protections.
Expunged Records: Records that have been expunged under Texas Code of Criminal Procedure Chapter 55 are removed from public access and treated as if the arrest never occurred.
Non-Disclosure Orders: Under Texas Government Code Chapter 411, individuals who have successfully completed deferred adjudication or certain other dispositions may petition for an order of non-disclosure, restricting public access to the record.
Sealed Records: Records sealed by court order pursuant to statutory authority are not available for public inspection.
Ongoing Investigations: Information related to pending investigations may be temporarily withheld under Texas Government Code § 552.108 if release would interfere with detection or investigation of crime.
Victims of Family Violence, Sexual Assault, or Stalking: Under Texas Government Code § 552.138, identifying information of victims of certain offenses may be redacted from public records.
Law enforcement agencies and records custodians are required to review requests for arrest records to determine if any statutory exceptions to disclosure apply.
Texas law provides mechanisms through which eligible individuals may petition for the expungement (expunction) of arrest records. The expungement process is governed by Chapter 55 of the Texas Code of Criminal Procedure, which establishes eligibility criteria and procedural requirements.
Individuals may qualify for expungement under the following circumstances:
The expungement process requires filing a petition in the district court in the county where the arrest occurred. The petition must include specific information as required by Article 55.02 of the Texas Code of Criminal Procedure. Upon granting an expunction order, the court directs all agencies possessing records of the arrest to delete or return all records and files related to the expunged arrest.
Travis County District Clerk's Office
1000 Guadalupe St.
Austin, TX 78701
512-854-9457
Official Website