Texas Public Records

How the Texas Public Information Act Actually Works

Texas's public records law is codified at Tex. Gov't Code § 552.001 (Texas Public Information Act). It gives any person — resident or not, citizen or not, journalist or not — the right to inspect and copy public records held by state and local agencies. In most cases, you do not have to explain why you want the record.

Response time: 10 business days; ask AG opinion if claiming exception. The agency's response is not necessarily a deadline to deliver records — it tells you whether the records exist and when they'll be produced.

Fee rules: $0.10/page for first 50 pages; labor $15/hour after 50 pages or 1 hour search. Agencies cannot inflate charges to discourage requests.

If your request is denied or unreasonably delayed, the law typically provides a mechanism to appeal — either administratively or by filing a petition in state court. Many states award attorney's fees to requesters who prevail on a wrongfully denied request.

What You Cannot Get in Texas (the honest answer)

Many directory sites promise things Texas law specifically restricts. Here's what's actually true:

• Rap sheet access: Texas conviction database provides public name-based access for $3 per name. Third-party "instant background check" sites that promise a full Texas criminal history are typically aggregating older court data — not the official state record.
• Sealed and expunged records: records cleared under Texas's expungement law (Tex. Code Crim. Proc. art. 55.01 (expungement) and Ch. 411 Subch. E-1 (nondisclosure)) are removed from public criminal history reports.
• Juvenile records are generally confidential under Texas law and not available without court order.
• Active investigation records, attorney-client privileged documents, draft notes, and personnel files are exempt under standard exceptions to the Texas Public Information Act.
• Booking photos (mugshots) have increasingly restricted commercial use across Texas and most states — paid "mugshot removal" sites are exposed to civil liability in many jurisdictions.

Expungement and Record Clearing in Texas

Texas's record-clearing law is found at Tex. Code Crim. Proc. art. 55.01 (expungement) and Ch. 411 Subch. E-1 (nondisclosure).

Eligibility: non-convictions can be expunged; nondisclosure orders available for many deferred-adjudication probations after waiting period; convictions generally cannot be expunged.

The petition or application is typically filed in the court of conviction. Filing fees, waiting periods, and exclusions vary by offense type — serious violent crimes and most sexual offenses are commonly excluded. Many states are moving toward automatic ("Clean Slate") sealing for qualifying records.

If you believe your Texas record contains an error or includes an offense that should have been cleared, you have the right to challenge it through the state criminal history repository — typically by submitting a written claim with documentation.

How to Get Your Own Texas Criminal Record

If you need your own Texas criminal history — for an employer, a licensing board, an immigration application, or just to know what's there — the state record is maintained by the Texas Department of Public Safety (DPS) Crime Records Service.

Walkthrough:

1. Choose your method: DPS Texas Conviction Database online $3 (limited public) or full DPS check $25 fingerprint.
2. Complete the required form (most states use a standard request form available from the Texas Department of Public Safety website).
3. Submit your request along with the fee. Fingerprint-based methods provide the most complete and accurate record but take longer.
4. Turnaround: online: same day; fingerprint: 2-3 weeks.
5. Review the response. If you find errors, the law at Tex. Gov't Code § 411.081 provides procedures for correcting or challenging inaccurate criminal history information.

Fingerprint-based criminal history checks are considered the official record. Name-based checks are faster and cheaper but can miss records or include records belonging to people with similar names — verify identity carefully.

Notable Texas Record Laws You Should Know

• HB 3016 (2017): Expanded automatic nondisclosure for many first-time offenders.
• Tex. Gov't Code § 411.081: the statute governing the maintenance, dissemination, and inspection of state criminal history records in Texas.
• Federal interaction: the FBI maintains a separate national criminal history database (the Identification, Information & Investigation Services / NGI). Some Texas background checks include a fingerprint forward to the FBI for $13–$32 additional fee, depending on purpose.