Texas Court Records Search

Texas Court Records & Case Lookup

Court records are an essential part of the Texas Judicial Branch and are vital for tracking legal cases, conducting legal research, and ensuring transparency and public accountability for the state's court system. These records are used by various stakeholders, including lawyers, journalists, researchers, and the general public, to get information on legal proceedings, case histories, rulings, judgments, and other court-related activities.

It is important to note that the Texas Judicial Branch is not subject to the state's Public Information Act or the federal Freedom of Information Act; as such, accessibility to Texas court records is largely determined by the Supreme Court of Texas. Nonetheless, these records are generally considered public information and may be accessed by interested parties through several methods, both online and offline.

State of Texas Court System

The Texas court system is one of the largest in the country, comprising approximately 2,800 courts with varying levels of jurisdiction that collectively handle a broad range of cases, from minor civil disputes and traffic violations to serious criminal matters. Understanding the hierarchical structure of this court system and how its different courts function is crucial when searching for Texas state court records.

Types of Courts in Texas

The Texas state court system is divided into three main categories based on the types of cases they handle and the roles they play within the state's judicial branch:

• Trial Courts: all court cases in Texas, both civil and criminal, are initially heard and decided in the state's trial courts. These courts admit evidence, hear witness testimonies, and may conduct jury trials before verdicts or judgments are rendered.
• Appellate Courts: these courts handle appeals on decisions reached in the trial courts. Texas has two levels of appellate courts – intermediate courts and courts of final resort. It is worth noting that Texas is one of two states with separate courts of final resort for criminal and civil matters, namely the Court of Criminal Appeals and the Supreme Court. Unlike the trial courts, appellate courts do not admit fresh evidence or witness testimonies. Instead, they review the records from the trial court (that initially handled the case) and briefs submitted by the appealing parties before rendering a decision.
• Specialty Courts: these are specialized court programs offered to certain eligible offenders as an alternative to traditional incarceration. These programs focus on identifying and addressing the root cause of the participating offenders' criminal behavior and reducing recidivism among them. There are currently seven types of specialty courts in Texas:
  • Adult Drug Courts
  • Family Drug Courts
  • Juvenile Drug Courts
  • Mental Health Courts
  • Veterans Treatment Courts
  • Commercially Sexually Exploited Persons Courts
  • Public Safety Employees Treatment Courts

District Courts in Texas

Texas district courts are the state's general trial jurisdiction courts, meaning they have jurisdiction over criminal and civil cases. There are currently over 480 district courts in Texas, and at least one in every county; densely populated counties usually have more than one district court serving them. Even though the district courts have jurisdiction over most cases, they generally handle matters beyond the jurisdiction of the other trial courts. These typically include felony criminal cases, misdemeanors involving official misconduct, domestic relations, juvenile matters, and civil cases where the amount in dispute exceeds $200. District courts in densely populated counties may also specialize in either criminal, civil, juvenile, or family law matters.

While district courts are jury trial courts, civil cases do not usually involve a jury unless specifically requested by any parties involved. Additionally, district courts in Texas have appellate jurisdiction and general supervisory control over some of the lower trial courts and the County Commissioners Court (in the county where they are located).

State of Texas County Courts

The Texas court system has two main county-level trial courts: Constitutional County Courts and Statutory County Courts, also known as County Courts at Law. Each county has a Constitutional County Court, while County Courts at Law are typically found in more populous counties – in these counties, judicial matters are usually handled by the County Courts at Law, while the constitutional courts focus on administrative duties.

The county courts are limited jurisdiction courts. While the specific jurisdiction of these courts vary by county, they generally include civil cases involving $200 to $20,000 (this figure may go up to $250,000 for the County Courts at Law), misdemeanors, and probate and mental health matters. Some county courts may also handle certain juvenile and domestic relations matters. Criminal trials in county courts are typically jury-based, while civil trials are done without juries unless requested.

The Texas court system also has specialized probate courts in populous counties that exclusively hear probate, guardianship, and mental health matters. There are currently 18 of these courts spread across 10 of the state's 15 largest metropolitan areas.

Justice Courts in the State of Texas

Texas Justice Courts, also known as Justice of the Peace Courts, are county-level trial courts of limited jurisdiction that generally handle civil matters where the amount in controversy is not more than $20,000 (including small claims) and Class C misdemeanor offenses punishable by fines. These courts also handle forcible entry and detainer cases and expunction and deed restriction cases and have jurisdiction over mortgage foreclosures and enforcement of liens on personal property when the amount in dispute is below $20,000.

Trials in the justice courts are typically conducted without juries. It should be pointed out that these courts are not courts of record; as such, appeals from decisions in a justice court are heard de novo in a county or district court (this means that the case is tried anew). Nonetheless, the accessibility and local focus of the justice courts make them a vital part of the state's court system, particularly for handling minor legal matters quickly.

Texas Municipal Courts

Texas Municipal Courts are local trial courts with limited jurisdiction. These courts are located in each of the state's incorporated cities, towns, and villages, and they have exclusive original jurisdiction over cases involving violations of municipal ordinances. They also share concurrent jurisdiction with the justice courts on misdemeanor offenses committed within the municipality that are punishable by fines only. Appeals from municipal courts are generally heard in the district and county courts. Most municipal courts are not courts of record, so appeals are retried de novo (tried anew); however, appeals from municipal courts that are courts of record are reviewed on the existing trial record.

Texas State Court Records vs. Federal Court Records

Understanding the difference between state and federal courts is important when searching for court records in Texas. Texas state court records are generated by the state's judicial branch and generally pertain to cases tried under state law. These records are distinct from court records generated by the federal courts located in Texas – these courts are separate from the Texas Judicial Branch and handle matters involving federal law, such as interstate matters, constitutional issues, actions by federal agencies, and bankruptcy cases. There are currently four trial federal courts (referred to as federal district courts) in Texas:

• The United States District Courts for the Northern District of Texas
• The United States District Courts for the Eastern District of Texas
• The United States District Courts for the Southern District of Texas
• The United States District Courts for the Western District of Texas

To this end, Texas state records are usually managed by local court clerks and may be accessed by contacting the appropriate clerk's office. On the other hand, federal court records can be accessed through centralized federal databases like PACER (Public Access to Court Electronic Records).

What Are Public and Not Public Court Records in Texas

Most Texas state court records are considered public records, meaning that any interested member of the public can access them upon request (note that a fee may be required to either retrieve the record or obtain a copy). However, certain court records are sealed, redacted, or restricted to specific individuals (usually the parties involved in the case) for privacy or confidentiality reasons:

What Are the Common Public Court Records in Texas?

Some common public court records in Texas include:

• Arrest records
• Plea agreements
• Divorce filings
• Small claims filings
• Settlement agreements
• Civil judgments
• Verdicts
• Sentencing information
• Court orders
• Summonses and subpoenas
• Citations and speeding tickets
• Estate wills
• Child custody orders and child support agreements

Texas Restricted (Sealed) Records

Juvenile records, adoption records, and information related to mental health or abuse are deemed confidential in Texas and restricted from public access. In addition, individuals who successfully file a petition for an order of nondisclosure may get their criminal records sealed. Sealed court records are generally inaccessible to the public (but may still be accessed by certain state and federal agencies), and the person involved does not have to disclose the sealed information when applying for jobs or licensing.

Note that not all records can be sealed; individuals are generally considered ineligible for this process if they have been convicted of or placed on deferred adjudication for the following offenses:

• Murder and capital murder
• Sex offenses requiring registration
• Aggravated kidnapping
• Human trafficking
• Crimes involving injury to children, elderly, or disabled individuals
• Child endangerment
• Violations of court orders in family violence or sexual assault cases
• Stalking
• Any other offense involving family violence as defined by Section 71.004 of the Texas Family Code

Exemptions from Public Access in Texas

Cases involving minors (including adoptions), mental health proceedings, abuse, and sealed criminal records are typically exempt from public access in Texas and restricted to specific parties. Additionally, sensitive information like social security numbers, driver's license numbers, bank account numbers, and other similar government-issued personal identification or financial details are usually redacted from Texas state public court records. This is typically done to ensure the privacy and/or protection of the individuals involved.

When Must Court Records Be Sealed or Expunged?

In Texas, criminal court records may be sealed or expunged under specific circumstances. Sealing a record hides it from public disclosure (it would still be visible to certain government agencies), while an expunction permanently erases the record. Expunctions are only available for the following:

• Class C misdemeanors that resulted in deferred adjudication
• Offenses that did not result in a conviction
• Offenses where no charges were filed, the charges were dismissed, or the defendant was acquitted
• Offenses that have been pardoned

There is a stipulated waiting period before an individual may apply for an expunction - 180 days for Class C misdemeanors, one year for Class A and B misdemeanors, and three years for felonies; this waiting period is required even if no charges were filed. If charges were filed, the statute of limitations for all offenses the individual was arrested for (including the ones they weren't charged with) must elapse before they can apply for an expunction.

Similarly, certain offenses are considered ineligible for nondisclosure (record sealing). These include murder, aggravated kidnapping, human trafficking, child endangerment, crimes involving injury to children, elderly, or disabled individuals, any offense requiring registration as a sex offender, stalking, and family violence-related offenses. First-time misdemeanors (excluding traffic fines) that have been dismissed and discharged are usually automatically sealed; automatic nondisclosure also takes effect six months after deferred adjudication (for these offenses). A petition for nondisclosure must be filed to seal other eligible records.

How Do You Access State of Texas Court Records?

The Texas Judicial Branch does not maintain a centralized database for searching for court records; instead, each court manages and provides access to its own records. While some courts offer online access to their records, it may be necessary to contact the court clerk to obtain copies of these records. The specific procedure for doing this may vary by court, but it generally involves submitting a written request and paying a search and/or copy fee. Note that records involving minors, mental health proceedings, and abuse victims are considered confidential and cannot be accessed by the general public.

Constitutional and Common Law Rights of Access to Court Records

Texas court records are exempt from the requirements of the Texas Public Information Act (as well as the federal Freedom of Information Act). Instead, access to these records is governed by common law and court rules (as set forth by the state's Supreme Court). Under these rules, court clerks are the record custodians for their respective courts and are charged with implementing an open and transparent procedure through which interested parties may access court records.

Online Access to Texas Court Records

The Texas Judicial Branch offers various online tools that allow interested parties to search for court records using name, case number, or date search parameters. These include:

• The Texas Appeals Management and eFiling System (TAMES) Case Search platform – this can be used to access court records generated by the appellate courts.
• The re:SearchTX platform – this provides access to court records from trial courts; however, availability may vary by county.

In addition, some counties also provide online platforms for accessing court records, usually available on their respective websites.

How to Get Texas Court Records Online for Free?

The Texas Judicial Branch offers a free subscription plan through its re:SearchTX platform; interested parties who subscribe to this plan can search district, county, and probate court records from multiple counties. The free plan allows users to access case information and preview certain documents; however, a paid plan is usually required to access full documents and other features on the platform, such as in-document text searching and case tracking.

Court records for the courts of appeals, the Criminal Court of Appeals, and the Supreme Court can also be accessed online for free via the state's TAMES search platform using case or document search parameters.

How to Conduct a Texas Court Record Search by Name?

Individuals utilizing online platforms to look up Texas court records can narrow down searches via name-based parameters. Here is a step-by-step guide for conducting a Texas court case search by name:

• Identify the platform through which the record can be accessed. This is usually the TAMES search platform (for appellate court records), the re:SearchTX platform (for trial court records), or the website of the specific court or county where the case was filed. Be aware that users may be required to create an account before accessing some of these platforms.
• Look for sections labeled "Name Search", "Case Search", "Court Records", "Docket Search", or something similar.
• Enter the full name of the person whose records are required. Be careful to ensure that it is spelled correctly. It is also a good idea to use multiple name variations and include middle initials, possible aliases, or alternative spellings to narrow the search.
• Filter these search results. Many platforms offer options like case type, date range, location, and case status that can be used to narrow down results; these are especially helpful when looking up a common name.
• Review the provided information.
• Obtain copies of the court records, if needed. Note that the payment of a fee may be required for this.

It is important to note that sealed and restricted records are usually not accessible online.

In-Person Access to State of Texas Court Records

Court clerks are the record custodians for Texas court records, and individuals looking to view or obtain copies of these records may do so by contacting the appropriate clerk's office (at the court where the case was filed). In-person requests are the primary method for accessing Texas court records and are recommended for individuals who wish to conduct a broad search or cannot access the required records via online options.

How to Obtain Texas Court Records In-Person?

Here are the steps to take when requesting Texas state court records in person:

• Identify the court where the case was filed. The Texas court system comprises several courts, all of which typically only hold copies of records for cases filed with them, so identifying the correct court is an important step for in-person requests.
• Gather necessary case information. Requesters are typically required to provide the court clerk with relevant information to facilitate a record search, such as the names of the parties involved in the case and details of the case.
• Visit the record custodian. Once the court holding the records has been identified and necessary case information gathered, the next step is to visit the court clerk's office to access these required court records. It is advisable to contact the court clerk beforehand to get information on any specific requirements it may have for requesting copies of court records.
• Provide necessary documentation and pay stipulated fees. Requesters are generally required to submit a written application providing details of the case for which records are needed and pay a search fee before they can access Texas court records; individuals looking to obtain copies of these records also have to pay a copy fee. These fees vary by court and can range from $1 to $5 or more (for search fees only). Depending on the court, requesters may be required to provide a valid ID and other documentation before accessing the court records.

How to Request Judicial Administrative Records?

Texas judicial records are the courts' administrative records and refer to documents created or maintained by a Texas court during its regular activities that are unrelated to its adjudicative function. Access to these records is governed by Rule 12 of the Texas Rules of Judicial Administration. Under this rule, individuals who wish to access judicial records must submit a written request to the record custodian of the court where these records are domiciled; the request must contain enough details to identify the record in question. Once submitted, the court has 14 days to either:

• Provide access to and/or copies of the records
• Notify the requester of a delay and set a new date
• Deny the request if the record is exempt or if fulfilling it would disrupt court operations. If this happens, the court must send the requester a denial notice stating the reason for the denial, informing the requester of their right to appeal the decision, and indicating the name and address of the Administrative Director of the Office of the Court of Administration. Appeals can be directed to this director and must be filed within 30 days of receiving the denial notice.

Be aware that 12 types of judicial records are exempt from public disclosure under Rule 12 of the Texas Rules of Judicial Administration. These are:

• Judicial work product and drafts
• Security plans
• Personnel information
• Home address and family details
• Employment or volunteer applications
• Internal court deliberations
• Court law library information
• Judicial calendar information
• Litigation or settlement negotiations
• Character or conduct investigations
• Examinations
• Information protected by other laws

How to Find a Court Docket in Texas?

Dockets (or docket sheets) summarize actions and activities in a case, such as hearing dates, motions filed, and court rulings. These dockets are typically used to find information about a particular case, track case progress, and research trials. Court dockets in Texas are usually available online and can be accessed via court websites; they may also be accessed in person at the appropriate court. Docket searches (whether online or in person) are typically done via case number, party name, or attorney details.

How To Access Older and Archived Court Records in Texas

In-person requests at the courthouse where the case was originally filed are the recommended method for accessing older or archived Texas court records that are no longer available online. Note that some archives may be stored off-site, so it's best to contact the court clerk's office beforehand to inquire about the records and their availability.

Where Can I Find Older Court Records?

Older Texas court records unavailable online may be accessed by contacting the courthouse where the case was originally filed. Some courts may transfer their older records to the Texas State Library and Archives Commission (TSLAC) or the Texas Supreme Court Archives.

How to Retrieve Archived Records?

Archived court records can be retrieved by submitting a written request to the record custodian, which may be the clerk at the courthouse where the case was filed, the Texas State Library and Archives (TSLAC), or the Texas Supreme Court Archives.

Special Procedures for Accessing Older Records Not Available Online

There are no special procedures for accessing older Texas court records offline. However, it is advisable to call ahead before making the trip to the courthouse, as some older records may need retrieval from an off-site storage location.

How You Can Use State of Texas Court Records

Texas court records can be used for several purposes, including:

• Legal Uses: attorneys, paralegals, and other legal professionals use court records to review case law, analyze legal precedents, conduct research, and develop case strategies.
• Personal Uses: these records can be used for a variety of personal reasons, such as tracing family histories, settling estate and probate issues, and reviewing criminal history information.
• Professional Uses: court records are an invaluable resource for non-legal professionals and businesses and are commonly used to gather information for reporting, studies, and risk assessment and aid interested parties in making informed decisions based on documented legal proceedings.

Conclusion

Texas court records are an invaluable resource for legal and non-legal professionals as well as the general public at large and can be used for several purposes, ranging from conducting research to resolving personal matters. While the state's judicial branch offers several options for accessing court records, understanding where and how to locate and access these records is crucial in ensuring a stress-free process.