DO I HAVE A CRIMINAL RECORD?

Many people have the misconception that if their case was dismissed, the records no longer exist. Additionally, successfully discharging a term of Deferred Adjudication does not result in a "clean record" either. If you have been arrested and charged with a crime, getting the case dismissed does not mean that the records disappear and is simply the first step. Granted, what has been historically referred to as a "criminal record" does not exist, but anyone that made a record of your arrest and/or prosecution retains and routinely disseminates those records, unless a court orders the destruction of those records.

The County or District Clerk's office or the Municipal Court where you were charged has a file concerning the incident, as does the Texas Department of Public Safety, many of which are public information. That means future employers, credit services, banks or any other person or entity that wants to search your past records can do so.

The accessibility to these records becomes easier as more and more of these records are computerized. For instance, the Texas Department of Public Safety, which keeps a database of all such records, commonly sells this information to internet information companies, credit services and others that want to search, mine and disseminate such information. Anyone can discover prior criminal allegations by simply searching for your name at the county courthouse or municipal court or even on-line if they know where to search. More and more companies use these background searches as screening tools of potential employees.

The record of the arrest, the offense report, fingerprints, case disposition, etc… are still around unless you act to expunge the record.

CAN MY RECORD BE EXPUNGED?

Under certain circumstances, records of arrest and prosecution can be expunged. An expunction is a civil lawsuit that orders all government agencies and parties named in the lawsuit to destroy all records relating to the arrest and prosecution, if any. Failure to do so, can lead to civil and criminal action should the order be disregarded.

WHO KNOWS WHAT MY RECORD IS?

If you have been arrested and charged with a crime, records relating to your arrest and identifying information are entered throughout the criminal justice system.

Imagine the flow of information, the arresting agency, for example, Houston Police Department, enters your name into their computers. Upon arriving at the jail, the record of your arrest is entered into the jail records; photographs and fingerprints are taken and sent to the Texas Department of Public Safety, where a file with your name is opened and those items are recorded and stored.

DPS can also forward these records to federal law enforcement agencies. If you were interviewed by Harris County Pre-Trial Services for release on personal bond, your information will be entered in their computer.

The Harris County District Clerk and the District Attorney's Office will both open files and enter your information into their computers. If the arrest involved a driver's license suspension, whether ultimately suspended or not, Texas DPS will make those notations in your Driving Record. Not only is the traditional paper trail growing, the "digital" paper trail grows.

Criminal records are maintained by the Texas Department of Public Safety in the Texas Crime Information Computer (TCIC) and the Federal Bureau of Investigations in its National Crime Information Computer (NCIC). These agencies' record databases are not open to the public, but law enforcement and prosecutorial offices can check these records any time they like.

The general public does have access to files in all District and County Clerk's Offices in the State of Texas.
 

WHAT IS THE EFFECT OF AN EXPUNCTION?

The legal effect of the expunction is:

	The release, dissemination, or use of the expunged records and files for any purpose is prohibited;
	You may deny the occurrence of the arrest and the existence of the expunction order, with the exception of the following;
	You or any other person, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, may state only that the matter in question has been expunged. (See Texas Code of Criminal Procedure, Art. 55.03).

Any citizen that would like to explore the possibility of expunging their records, but are unsure about whether or not they may qualify, should consult with an attorney to determine if it is a remedy available to them to clear past records that may appear in the future.

NON-DISCLOSURE OF RECORDS & DEFERRED ADJUDICATION

Several years ago the Texas Legislature enacted legislation that allowed persons that have been placed on and successfully completed Deferred Adjudication, to effectively “seal from public view” their records of arrest and prosecution. Not all offenses qualify and there are waiting periods in certain instances so not all Deferred Adjudications qualify. The effect of the Orders for Non-Disclosure order is: 1) Criminal justice agencies cannot disclose to the public criminal history record information related to the offense giving rise to the deferred adjudication; and, 2) You are not required in any application for employment, information, or licensing to state that you have ever been the subject of any criminal proceeding. This is similar to an expunction, but does not order destruction of those records, simply sealed from public view.

There are some statutory limitations and exceptions to the non-disclosure of this information. For instance, a criminal justice agency may disclose criminal history record information that is the subject of these orders only to other criminal justice/governmental agencies for criminal justice or regulatory licensing purposes.