Search Texas Arrest Records Online

What is Considered an Arrest in Texas?
Are Arrest Records Public in Texas?
What are the Types of Arrest Records in Texas?
How Long Do Arrests Stay on the Record in Texas?
How To Seal or Expunge an Arrest Record in Texas?

What is Considered an Arrest in Texas?

According to Chapter 15.22 of the Texas Code of Criminal Procedure, a person is arrested when they have been placed under restraint or taken into custody by a law enforcement officer or individual executing a warrant of arrest or a person or officer arresting without a warrant.

An arrest in Texas may be made with or without a warrant but is often made with one. A warrant is typically issued by a magistrate, county or district clerk, or a mayor directed to a law enforcement officer or other person specifically named, commanding them to take the body of the person accused of an offense to be dealt with per law. A Texas warrant of arrest extends to all parts of the state except when issued by a mayor of an incorporated city or town. When a Texas arrest warrant is issued by a mayor of an incorporated city or town, the arrest may only be executed in the county where it was issued.

Arrests in Texas may be made for:

Criminal Offenses: A person may be arrested for committing a criminal offense, such as theft or assault.
Traffic Violations: Serious traffic offenses, such as driving under the influence (DUI) or reckless driving, may result in arrests.
Violation of Court Orders: Individuals may be arrested for violating court orders, such as restraining orders or probation terms.
Public Order Offenses: An arrest may occur for disturbing public order, such as engaging in disorderly conduct or public intoxication.
Civil Offenses Leading to Arrest: In some cases, a person may be arrested for failing to comply with civil obligations, such as unpaid child support or civil contempt.
Juvenile Offenses: Minors may be arrested for criminal activities, truancy, or other violations of Texas juvenile laws

Arrests in Texas may also be made for probable cause even without an arrest warrant. For instance, if a police officer witnesses someone committing a robbery, they typically have probable cause to make an immediate arrest based on the crime occurring in their presence without having to first submit a complaint to a magistrate to issue an arrest warrant.

The arrest process in Texas is generally structured to ensure it is justified and lawful. Typically, the process follows these steps:

Custody and Control: In Texas, the arrest process begins with the physical detention of a person, restricting their freedom of movement. Once arrested, the individual is taken into custody and placed under the control of law enforcement. This may involve using handcuffs to ensure the person is secured, preventing escape or resistance, while complying with the law.
Legal Authority: The Texas Code of Criminal Procedure grants legal authority for arrests in the state. Under Chapter 14, law enforcement officers are authorized to make an arrest with or without a warrant, depending on circumstances such as witnessing a crime or having probable cause. For instance, Section 14.01 of the state criminal code outlines situations where an officer may be arrested without a warrant if an offense is committed in their presence.
Miranda Rights: Once an arrest is made, Texas law generally requires that officers inform detainees of their Miranda rights, following the legal precedent established in Miranda v. Arizona (1966). These rights include the right to remain silent and the right to an attorney. Failure to read Miranda rights before questioning may render any statements made by the detainee inadmissible in court, as it would violate their constitutional rights under the Fifth and Sixth Amendments.
Physical Restraint: To ensure the safety of arresting officers and prevent the escape of the accused, Texas law allows arresting officers to use physical restraint. Section 9.51 of the State Penal Code permits the use of reasonable force to restrain the suspect during the arrest and transport to a detention facility. In addition, per Chapter 15.24 of the Texas Code of Criminal Procedure, all reasonable means are permitted to be used to effect an arrest. However, no greater force may be resorted to than is necessary to secure the arrest and detention of the suspect.
Booking Process: After the arrest, the suspect is transported to a police department or detention center, where the booking process takes place. This typically includes documenting the arrestee's details, such as name, address, sex, address, and date of birth. The arrestee is fingerprinted and photographed for official records.

Although detention is sometimes misconstrued with arrest, they are not the same. Detention is a temporary restriction of a person's freedom of movement, typically for investigation purposes. While the individual detained is not free to leave, they are not under formal arrest. A person may be detained when law enforcement has reasonable grounds to suspect that the person may be involved in criminal activity, but there is insufficient proof for an arrest. On the other hand, an arrest is a formal act of taking an individual into custody with the intent of charging them with a crime. In an arrest, the accused is physically restrained and not allowed to leave until bail conditions are fulfilled, if applicable. An arrest occurs when law enforcement has probable cause to believe the arrestee committed a crime. The arrest process may involve booking, charging, and bringing the accused before a court.

What is Unlawful Arrest in Texas?

An unlawful arrest in Texas occurs when a person is detained or restrained without legal justification under the pretense of legal authority. It generally involves restricting a person's freedom of movement without a legitimate basis, often using force or intimidation. Importantly, not every arrest of an innocent person qualifies as false. False arrest happens when law enforcement or others exceed their legal authority. An arrest in Texas may be considered unlawful for the following reasons:

Unreasonable Use of Force: The Fourth Amendment protects United States citizens from the unreasonable use of force in the course of seizure, arrest, and detainment. If a suspect is harmed without legal reason or law enforcement officers deploy what may be considered an unreasonable use of force, the arrest may be deemed unlawful.
Lack of Probable Cause: In Texas, probable cause for an arrest is generally required by law. It is established when facts and circumstances known to the arresting officer would lead a reasonable person to believe that a crime was committed and the individual to be arrested is involved. If there is not enough evidence to support probable cause, the arrest may be deemed unlawful.
Arrest Without a Warrant: Under Section 14.03 of the Texas Code of Criminal Procedure, certain conditions typically allow law enforcement officers to arrest without a warrant, such as when a crime is committed in the officer's presence. However, in most cases, a warrant from a judge or mayor is required before an arrest may be made. If an arrest occurs without a warrant and does not meet these specific legal exceptions, it may be ruled unlawful.
Mistaken Identity: In cases of mistaken identity, an individual may argue that their arrest was unlawful. This occurs when a person is wrongly identified as a suspect based on witness misidentification or reliance on incorrect descriptions by law enforcement. Physical characteristics that do not match the actual suspect may result in an unlawful arrest due to mistaken identity.
Procedural Violations: In Texas, violations of the code of criminal procedures may make an arrest unlawful. For example, failing to provide Miranda warnings before a custodial interrogation may render statements inadmissible in court. Additionally, the use of excessive force during an arrest may lead to legal challenges, making the arrest invalid under Texas law.

The Fourth and Fourteenth Amendments of the United States Constitution protect citizens from unlawful seizures and ensure they are not deprived of their freedom without due process. An unlawful arrest, therefore, may constitute a violation of these constitutional rights. An unlawful arrest may lead to some consequences such as:

Exclusion of Evidence: Any evidence obtained from an unlawful arrest may be excluded from trial according to the "fruit of the poisonous tree" concept. This concept prevents evidence obtained through illegal means from being used against the defendant in court.
Dismissal of Charges: If an arrest is found to be unlawful, the charges against the individual may be dismissed. Courts may rule that the entire case is marred by the illegal arrest, leading to the dismissal of criminal charges.
Civil Rights Lawsuits: Victims of unlawful arrest in Texas have the right to file a civil rights lawsuit against the arresting officers, the police department, or the relevant governmental agency. Such lawsuits may be filed under federal law (42 U.S.C. § 1983) for violations of constitutional rights, including false arrest or imprisonment. Successful lawsuits may result in monetary compensation for damages, legal fees, and punitive damages.
Punishment for Law Enforcement: Unlawful arrests may lead to disciplinary actions against the officers involved, typically including suspension, termination, or criminal prosecution in some cases of misconduct. A law enforcement officer may be charged with official oppression for an unlawful arrest. Under Section 39.03 of the Texas Penal Code, official oppression is a Class A misdemeanor where a public servant (like law enforcement) knowingly subjects someone to unlawful force, arrest, or detention. The punishment for this offense includes up to one year in county jail and a fine of up to $4,000.

If an arresting officer is charged with false imprisonment, they may also be punished with up to one-year imprisonment and fines up to $4,000, and more serious penalties if certain aggravating factors are present. False imprisonment generally involves intentionally confining someone without consent or legal justification.

Note that you typically have one calendar year from the date of the unlawful arrest to file a claim for human rights violation, three years for violence, and six years for wrongful imprisonment.

Are Arrest Records Public in Texas?

Arrest records in Texas are generally considered public records pursuant to the Texas Public Information Act outlined in Chapter 552 of the Texas Government Code. The Act grants the public the right to access government records, including Texas arrest records.

Texas arrest records available to the public include personal information about the arrestees, typically such as their names, ages, and genders, along with specific information about the arrest, such as the charges, dates, and locations of the arrests, booking details, and any bail or detention information. Despite moves in previous years by lawmakers in the state to the contrary, mugshots remain public information.

Note that certain arrest records or sensitive information types are not made public. These typically include sensitive personal data like Social Security numbers, home addresses, and arrestee medical information. Also, juvenile arrest records are typically not available to the public. Additionally, records that have been sealed or expunged through legal processes and information connected to ongoing investigations are generally exempt from public access.

What are the Types of Arrest Records in Texas?

In Texas, arrest records represent one of two types of criminal records available to the public, the other being the Texas Department of Public Safety's Criminal History Record Information (CHRI). Both types of records provide information on an individual's criminal history, but their scope differs. Arrest records document the facts and information surrounding an arrest, regardless of whether any legal proceedings followed, while TDPS CHRI reports are typically more comprehensive.

Arrest records and criminal records are generally maintained at local and state levels in Texas. County-level arrest records are maintained by local law enforcement agencies, such as city police departments and county sheriff's offices. These records typically include information about arrests made within their respective jurisdictions, documenting the circumstances surrounding each arrest, the individuals involved, and the charges filed.

State-level criminal records typically contain a broader range of information, including arrests from various jurisdictions across Texas. The Texas Department of Public Safety (DPS) is the state agency responsible for maintaining these records. The DPS compiles criminal history records based on information reported by local law enforcement agencies and provides a statewide database of criminal records, including arrest records, charges, convictions, and other relevant information.

Where are Arrest Records Kept in Texas?

Arrest records in Texas are kept by various agencies, depending on the jurisdiction and the nature of the arrest. Some of the agencies typically include:

Local Police Departments or Sheriff's Office: Local police departments and county sheriffs hold arrest records for incidents occurring within their jurisdiction. These records typically include initial arrest information such as booking, charges, and bail information. To access these, you may contact the specific department or sheriff's office that made the arrests.
State Police: The Texas Department of Public Safety (DPS) maintains criminal history records, which include arrest records. These records may be accessed by submitting requests through the DPS Criminal History Search service DPS Criminal History Search.
Courts: Arrest records tied to ongoing or concluded criminal cases may be held in court records. Court documents related to arrests, such as charges and case details, may be accessed through the Texas Courts' online system or by visiting the relevant court that handled the case.
Texas Department of Criminal Justice (TDCJ): The TDCJ generally maintains records related to individuals who have been incarcerated following an arrest and conviction. These records include sentencing details, parole status, and other information about the person's custody. They may be accessed through the TDCJ Offender Search.
Federal Agencies: The Federal Bureau of Investigation (FBI) maintains arrest records for federal crimes or cases involving interstate violations.
Correctional Facilities: Both state and federal correctional institutions maintain records of incarcerated individuals. These records typically include arrest information, charges, and the individual's status within the correctional system.

How to Find Public Arrest Records in Texas?

You may find Texas arrest records in the following ways:

Local Police Departments and County Sheriff's Offices: The majority of the arrests made in Texas are made by officers working in the local police departments and county sheriff's offices in the state. Texas local PDs and county sheriff's offices generally maintain a record of arrests made by their officers and allow the public to search them in compliance with the state's Public Information Act. If you know the local law enforcement agency that executed an arrest, you may search their website to determine if they make public access to such records available online. Otherwise, you may visit the location of the police department or sheriff's office to submit an inquiry in person.
Texas DPS Criminal History Conviction Name Search: The Texas Department of Public Safety generally maintains a conviction database containing public record information extracted from the Computerized Criminal History (CCH) System. The database allows users to search name-based results of all persons reported to the DPS with a conviction or deferred adjudication. You may access arrest records for Class B misdemeanor or greater. Some arrest records for Class C convictions may be available in the database if reported to the DPS. Note that to perform a criminal history record search, you must create an account in the system and purchase credits for each search you perform.

Search credits on the system cost $3 plus a fee added to the order, depending on the preferred payment method. Currently, credit card payments have 2.25% of the order plus $0.25 added. One search credit allows you to enter one search and view a single matching record if there is a match to your search information. A search credit will be used even if no matches are found or you do not view a matching record.

Texas Department of Public Safety CHRI: The Texas Department of Public Safety (DPS) generally allows individuals or their authorized representatives to access and receive copies of their Criminal History Record Information (CHRI) via fingerprinting. Contained in the detailed CHRI are arrest records.

The Texas DPS has partnered with IdentoGO to provide electronic fingerprinting services statewide through Fingerprint Applicant Services of Texas (FAST) locations. To use these services, individuals must schedule an appointment online or call the third-party service at 1-888-467-2080.

At your fingerprinting appointment, you will need a photo identification or other acceptable ID and pay the applicable fee. The third-party vendor accepts MasterCard, VISA, American Express, Discover, business checks, money orders, and coupon codes (employer accounts). Your fingerprints will be submitted via electronic means to the DPS.

The fingerprinting service costs $10, plus an additional $15 fee for processing the CHRI. Once completed, the criminal history record results will be mailed or emailed to your address. Note that the Texas DPS does not process fingerprint results over 30 days old. If results are not received within 14 days of fingerprinting, you are advised to contact DPS for assistance.

For more information on accessing the CHRI via fingerprinting or submitting fingerprints by mail through the fingerprinting vendor to the DPS, see the CHRI application guide.

Texas Courts: If an arrest in Texas leads to a court proceeding, you may obtain the arrest record by accessing court records for that case. Court records are typically maintained by the clerk of the courts in the state. You may visit the courts to obtain physical copies of court records containing arrest information. Some Texas courts also maintain online portals for the public to access case and arrest records. For example, the district courts in Collin, Denton, Tarrant, Bexar, and Travis counties make court records searchable online. The state also has a court records portal allowing attorneys and paralegals to search case information from all 254 Texas counties.
Third-Party Websites: Some third-party sites generally offer access to available arrest records for Texas and other states nationwide. These sites, such as RecordsFinder compile public record information from multiple sources into a searchable database. While you typically have to pay a fee to query their databases, they may offer a quick and convenient way to access Texas arrest records.

How Long Do Arrests Stay on the Record in Texas?

In Texas, arrest records generally stay on your criminal record indefinitely unless specific legal action is taken to have them sealed or expunged. Texas does not have an automatic time frame after which an arrest record is erased or sealed. Therefore, arrest records remain publicly accessible and part of your criminal history unless you petition for expungement or an order of nondisclosure (sealing) under Texas laws.

How To Seal or Expunge an Arrest Record in Texas?

Texas provides two methods for persons seeking relief from their arrest records: expungement and order of nondisclosure (sealing).

An expungement granted by Texas courts completely erases the arrest or criminal records for that specific offense as though the offense never occurred. After expungement, you may legally refute that the incident happened at all, as the record becomes inaccessible to the public and most private entities.

Chapter 55 covering the Texas Code of Criminal Procedure governs the eligibility for expunction of arrest records. Individuals who have been convicted of a crime or who are given probation for any offense, except for certain Class C misdemeanors cannot be expunged. Expunction is also unavailable for arrests that occur due to violations of probation, or for anyone who flees outside of a jurisdiction while out on bond. Exceptions to this rule include cases where a person has been granted a pardon or acquitted on appeal.

Arrest records eligible for expunction in Texas typically include:

Arrests for crimes that were never charged
Arrests of individuals who are never charged because their case wasn't filed. It's important to note that no felony can come of the case for expunction to be a possibility.
The arrest of an individual who was not given a charge, no matter if the statute of limitations is up or not if the office of the prosecuting attorney guarantees both the files and records involved aren't useful for a prosecution involving another person.
An arrest that results from identity theft by another individual who was convicted of a crime or charged.

Texas also has other requirements for arrest records that may meet eligibility requirements to be expunged, such as:

Expunction after going through an Acquittal: A person acquitted of a criminal offense may have the records related to the case expunged afterward. This is only true if the acquittal does not include actual charges as part of the case. The person cannot be facing prosecution for another offense related to that incident. It's possible to receive an acquittal while still being processed for other related crimes, and those pending crimes would hurt the person's eligibility for having the crime expunged.
Acquittal on Pardon or Appeal: A person convicted and later acquitted or pardoned based on actual innocence is legally entitled to have all the records tied to the case expunged. The order from the court generally must detail that the acquittal was due to actual innocence. However, if the acquittal falls under a criminal episode, expunction may not be granted if the individual was convicted of some other crime included in the same episode, or if some other charge is still pending. For cases of actual innocence, the court must issue an expunction order within 30 days of receiving the relief notice or a pardon.
Expunction designed for Cases That Were Never Filed: A person arrested who was not charged may file for expunction if no indictment, information, or complaint is filed within the statute of limitations, provided there is not a felony charge from the same incident. The waiting periods for expunction are 180 days after arrest for a misdemeanor rated as a Class C, one year after arrest for misdemeanors rated as Class B or A, or three years after arrest for any felony conviction.
Expunction Based on Prosecuting Attorney's Advice: It's possible for an individual to have their arrest records expunged when the prosecuting attorney makes a recommendation for it before the trial begins. However, the court generally has the discretion to accept or reject this recommendation and may refuse to grant the expunction.

You may consult with an attorney to verify that your arrest record is eligible for expungement before you attempt to attain an expunction. To begin working toward your expunction, you must submit a petition to the district court, asking for the issuance of an Order for Expunction. The State Bar of Texas provides a standard form for this petition, which you may use. Alternatively, you may have your attorney prepare the petition for you.

The petition must include important information such as your personal details, the nature of the offense, the date of the arrest, the name of the agency behind the arrest, the exact date of the arrest, and every agency that may have records related to the case. If there was a formal charge, it's essential the petition also includes the name of a specific court handling the case, the case's cause number, the resolution of the charge (whether no-billed by a grand jury, acquitted, or dismissed), and when the resolution occurred. Additionally, the petition needs to be notarized to verify its authenticity and include an empty "notice of hearing" for the court to schedule a hearing.

Once the petition is completed, it must be sent to the proper court for filing. The specific court (county, municipal, district) depends on the offense's classification. If there were charges, the petition should typically be handled by the original court that handled the case. After filing, your chosen court will set a hearing date and mail a notification to all relevant facilities and agencies, referred to as respondents, allowing them to battle the expunction. If you meet each of the requirements, it's likely the court will agree to the expunction.

After the court approves the expunction, you must provide the court with the Order for Expunction to receive the judge's signature. Typically, you are expected to have this order prepared in advance for the hearing. Once signed, the order must be sent to each organization and agency holding records related to the offense that's been expunged. Following this, every record will be returned to the clerk it originated from, or deleted, as dictated by the court's order.

If an expunction is impossible, you may still qualify for an Order for Nondisclosure. This special order does not completely erase the record but restricts its accessibility. Records that meet the demands for Nondisclosure are made inaccessible to the public and cannot be accessed by private entities. However, they are still available for government agencies and may be used in certain legal proceedings. Under Section 411.081 of the Texas Government Code, you must have capably finished the deferred adjudication and you need to have received a dismissal before you may apply to get your nondisclosure order.

Another condition that must be met to be eligible for an Order for Nondisclosure, includes the expiration of the statute of limitation for the crime committed. This statutory waiting period ranges from 0 to ten years, varying based on your offense. During this waiting period, you must not be convicted of any new offenses. Certain serious crimes, such as family violence, sex offenses that demand registration, murder, and aggravated kidnapping generally disqualify individuals from obtaining an Order for Nondisclosure.

The steps demanded for getting your order of nondisclosure are similar to expungement. It generally begins by filing a petition with the court where the starting offense was handled, and a hearing is held after notifying relevant parties. Unlike expungement, the judge has greater control in granting or denying an Order for Nondisclosure. The court may deny the petition if it determines that approving the order would not serve the interests of justice.