How to Access Texas Public Criminal Records: Step-by-Step
Ready to run background checks the modern way?
Texas law establishes clear policies and procedures for accessing public records, whether you're an individual, an employer, or a member of the public. By following the appropriate steps, you may access Texas criminal records maintained at state and local levels.
Key takeaways:
- Texas criminal records include arrest records, court records, and conviction records
- Individuals can conduct a personal criminal record search in Texas through the Department of Public Safety (DPS)
- A personal background check is a convenient alternative for reviewing your Texas record
- Employers can conduct background checks to access state of Texas criminal records during the pre-employment screening process
- Get started with Checkr to screen candidates or order a personal background check
Texas public records can provide useful screening information in many situations. Employers may use them to assess potential job candidates, families may check them before hiring caregivers, and individuals may want to review their own criminal history when preparing for a job search.
In each instance, accessing Texas public records requires following a set procedure established by federal, state, and local laws. This guide explains how to look up criminal records in Texas as an individual, employer, or member of the public.
Understanding Texas criminal records
Texas criminal records are official documents that provide an account of a person’s interactions with the state criminal justice system. There are three main types of criminal records:
- Court records relate to criminal court proceedings. Local, county, district, and appellate courts maintain these records, which include case dockets, charging documents, motions, briefs, court orders, trial transcripts, and other official documents.
- Conviction records include final judgments, sentencing documents, and appeals for misdemeanor and felony convictions. These state of Texas criminal records are maintained by the Texas Department of Public Safety (DPS).
- Arrest records are typically kept by local law enforcement agencies and the Texas DPS. They include documentation such as arrest reports, booking information, and bail and bond logs.
Who can access Texas public criminal records?
Individuals, employers, and members of the public can access public criminal records in Texas, provided they comply with federal, state, and local laws.
- Individuals can access their own criminal records through the Texas DPS. This is often useful when preparing for a job interview or verifying what a future employer might see.
- Members of the public can obtain records related to criminal court proceedings, convictions, and arrests, provided the information sought is not sealed, expunged, or labeled as confidential.
- Employers using a consumer reporting agency to perform a background check must comply with background check laws to access Texas public records for candidates and employees, namely the Fair Credit Reporting Act (FCRA). This law calls for employers to disclose their intent to run a background check in writing and obtain written permission before proceeding.
The Texas Business and Commerce Code also limits the extent to which employers can look into an individual's past. Under the law, the lookback period is seven years for records of arrest, indictment, or conviction of a crime starting with the date of disposition, release, or parole.
Steps to request criminal history in the state of Texas
The steps to request criminal history in Texas differ, depending on whether you’re an individual or an employer. Here’s how to look up criminal records in Texas:
For personal use
Individuals who want to access their own criminal records can file a request through DPS or run a personal background check through Checkr. To request records through DPS, follow these steps:
- Prepare a fingerprint application. Visit the IdentoGO website to register online or obtain a DPS Fingerprint Service Code Form to mail in.
- Complete fingerprinting. If you’re in Texas, schedule a FAST fingerprinting appointment via IdentoGO. Bring your completed form and a valid photo ID on the day of your appointment. To make a request from outside Texas, complete an FD-258 fingerprint card and mail it to DPS.
- Pay fees. DPS charges $15 for fingerprint-based record checks submitted via mail. FAST fingerprinting fees are typically $9.95 plus $30 to $40. Keep the receipt for your records.
- Wait for DPS response. DPS typically mails results within two to three weeks. If you don’t receive a response within 30 days, call DPS at (512) 424-2474.
Ordering a personal background check through Checkr requires no fingerprinting and delivers results quickly, often in minutes. With just a few clicks, you can order a background check report that, in addition to criminal history, may include a Social Security number (SSN) trace, criminal and civil searches, global watchlist search, sex offender registry check, and driving records. Get a personal background check through our online platform today.
Run a personal background check
Are you an employer? Run candidate background checks here>
For employment purposes
Employers searching criminal records in Texas for the sake of conducting background checks must follow federal and state compliance requirements. The following steps are a good starting framework for running background checks on your candidates:
- Create a background check policy. Develop a policy that defines which positions demand criminal history checks and specifies the type of checks necessary.
- Maintain legal compliance. Follow the FCRA if you are using a consumer reporting agency to perform the background check and any local Ban the Box laws, which may instruct you to delay background checks until you’ve made a conditional job offer.
- Choose a background check provider. Partner with a consumer reporting agency (CRA) that specializes in Texas background check compliance, like Checkr. Confirm that the provider offers the screenings required by your background check policy.
- Communicate candidate rights. If you’re working with a CRA, provide written notice of your intent to conduct a background check and obtain written consent from the candidate before proceeding.
- Select screening reports. Choose appropriate screening packages based on job requirements, considering county-level searches for the most comprehensive results.
- Review reports. Conduct individualized assessments for candidates with criminal records, taking into account the nature of the offense, how much time has passed since the offense, and the nature of the position.
- Make a hiring decision. If considering adverse action based on criminal history, issue a pre-adverse action notice. Allow the candidate adequate time to respond, and provide a final adverse action notice that includes all requisite information.
Most criminal records originate in county or municipal courts where cases are tried. Counties maintain docket sheets, sentencing orders, and disposition data. States aggregate conviction-level information in centralized repositories, often managed by the state police or public safety department, though reporting frequency differs. Federally, the FBI’s National Crime Information Center (NCIC) and Interstate Identification Index consolidate records submitted by states and federal agencies; direct public access is restricted.
Public-facing online portals exist in many jurisdictions, but not all. For example, California’s Department of Justice requires fingerprinting for non-law-enforcement checks, while Texas offers name-based searches via its Crime Records Service. Looking to state-specific guidance, such as California background checks or Texas background checks, can help you navigate local rules and fees.
DIY methods to look up records
- County courthouses: Visit the clerk of court’s office or search its online docket. Coverage is typically the most complete, but county-by-county checks add up in cost and time.
- State repositories: Many states sell criminal history abstracts through an online portal. Expect fingerprinting if you need certified results.
- Federal searches: Federal courts publish dockets on PACER, while the FBI offers an Identity History Summary (rap sheet) for personal review. Processing can take several weeks and requires fingerprints.
- People-search sites: Commercial databases scrape records but may be incomplete or out of date; they also lack FCRA protections for employment or housing decisions.
Name-match-only queries could capture the wrong individual, so double-check aliases and dates of birth. If you plan to use DIY findings for employment, furnish pre-adverse and adverse action notices per the FCRA. For deeper coverage across multiple jurisdictions, a CRA can automate much of this legwork.
Accessing Texas police records and arrest database
Accessing Texas police records differs from requesting other types of criminal records. Police records include arrest records, incident reports, and case files. These are typically maintained by local law enforcement agencies, each with its own request policies.
Police records document law enforcement activity such as incident reports or arrests, while criminal records reflect the legal outcome of those cases, such as convictions. An arrest does not always result in a conviction, and different agencies maintain the records.
To obtain Texas police records:
- Check local law enforcement websites. While there is no centralized Texas arrest database, many police departments and county sheriff’s offices publish recent arrest logs or incident reports online.
- Use the Texas Department of Public Safety (DPS) Criminal History Search. DPS offers an online searchable database for public criminal conviction records, though fees apply.
- Submit a Public Information Act request. For records not posted online and where public inspection is permitted by law, send a written request to the police department or sheriff’s office under the Texas Public Information Act.
- Confirm availability. Some records are not available to the public. Documents, such as those related to ongoing investigations or juvenile records, may be restricted or necessitate proof of eligibility to access.
What to know about sealed or expunged records
Not all Texas criminal records are available to the public. In some instances, individuals may be eligible to have their records sealed or expunged, as determined by Texas law. Expunged records become completely cleared. As a result, they should not appear in a criminal record search in Texas.
Sealing occurs when a judge issues a nondisclosure order that restricts access to records. Unlike expunged records, sealed records still exist and can be accessed under limited circumstances, such as when a court order is issued.
Get started with Checkr
Accessing Texas criminal records doesn't have to be complicated. Whether you're reviewing your personal history or require records for hiring, Checkr offers fast and easy access to the Texas public records data you need.
With Checkr, employers can run compliant criminal background checks. Our candidate portal streamlines communication, while our APIs integrate screenings into your existing ATS and HRIS systems for greater efficiency. Get started with Checkr today.
Individuals can order a personal background check in minutes, without the need for fingerprinting or long wait times. Your report is delivered online, providing quick insight into your criminal history. Order your personal background check today.
Run a personal background check
Are you an employer? Run candidate background checks here>
Disclaimer
The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.
