Are Criminal Records in Brazoria County Publicly Accessible?

Yes, most of Brazoria County's criminal records are open to the public. Under the Texas Public Information Act, the general public can legally inspect and get physical copies of criminal records from specific government entities. These entities maintain criminal records and provide options through which the public can access them. For instance, the Texas Department of Public Safety offers online and offline access to criminal records.

However, not all criminal records in Brazoria are open to the public. The state law restricts public access to criminal records whose disclosure is judged to not be in the public interest. Examples of restricted criminal records include:

• Criminal information that is sealed or exempt due to a court order;
• Sensitive images of crime scenes;
• Information regarding threats made to law enforcement officers;
• Criminal information that, if disclosed, may interfere with a crime investigation and prosecution.
• Internal law enforcement records regarding arrests that did not lead to a conviction;
• Identification of witnesses or whistleblowers in a criminal investigation;
• Crime-related information shared between a defendant and their legal representative;

Who is Eligible to Access Brazoria County Criminal Records in Texas?

All persons and entities have the legal right to access most criminal records in Brazoria County, Texas. In terms of public record access, the county does not discriminate against out-of-state or country requesters.

However, access to certain criminal information is restricted to legally eligible parties, such as the following:

• The record subject
• Legal representatives of the record subjects
• Government entities, such as criminal justice agencies and courts.
• Crime victims and other parties directly affected by the criminal offense.
• Third-party requesters who are either authorized by a court order or a letter of authorization from the record subject.

Legally eligible requesters are generally required to verify their identity when requesting restricted or confidential criminal records.

How to Request Criminal Records in Brazoria County

You can request Brazoria County criminal records through this guide:

1. Find the agency in charge of maintaining the record
   The Texas Department of Public Safety is the official custodian of criminal records in Brazoria County. Applicants can also find the records through the county clerk's office and the district court clerk's office.
2. Choose a preferred request option to access the record
   The district clerk allows mail-based access to criminal records, while the county clerk offers an online request platform. In contrast, the TxDPS allows name- and fingerprint-based searches for records in their custody.
3. Order Brazoria County criminal records through the preferred request option
   To request criminal records online, applicants must fill out the required data in the county clerk’s online request platform. The clerk will review completed requests and mail them to the applicant’s mail address. For mail-based requests, applicants must mail a completed request form to the district clerk’s office at:

District Clerk
111 East Locust
Suite 304
Angleton, TX 77515

In contrast, you can conduct name-based searches for criminal records via the TxDPS’s criminal history conviction search platform. Users must provide relevant search information to view records on the platform. For fingerprint-based requests, users must be fingerprinted by the agency’s licensed third-party vendor. The fingerprinting vendor has service locations around the state.

Third-party search platforms like Texascourtrecords.us also provide online access to Brazoria County criminal records. The sites are generally easy to use and do not restrict users from out-of-county or state locations. Despite the ease of using these sites, they are unregulated and may not contain complete court information.

What Information Is Contained in Brazoria County Criminal Records?

Brazoria County criminal records contain an individual's full criminal history. Interested parties can find the following information in criminal records:

• The record subject’s personal information, including names, aliases, birthplace, and physical features.
• Record subject’s complete set of fingerprints
• Arrest information, including the charges and booking date.
• Criminal offense name and classification.
• Court information, including the court name, case number, disposition, and convictions

However, public criminal records may not include confidential information like crime scene images, juvenile criminal data, and identities of crime informants.

Are There Restrictions on Accessing Criminal Records in Brazoria County?

Yes, Texas state laws generally restrict access to Brazoria County criminal records that contain information that is sealed due to statutes or court orders. The law also restricts or limits certain criminal information to protect the identities of concerned parties. For example, juvenile criminal data are exempt to protect the record subject from discrimination.

However, some persons or entities may still retain access to restricted criminal records. Such parties usually have a direct and tangible interest in the records. Case in point: law enforcement agencies, including the county sheriff's office, may have unrestricted access to criminal records generated in Brazoria County.

What Happens if My Request for Criminal Records is Denied in Brazoria County?

In Brazoria County, you may either challenge or accept the agency's decision to deny your request for criminal records. If you choose the former option, you must file a petition with the Texas Attorney General's Open Records Division at:

1801 Congress Avenue
P.O. Box 12548
Austin, TX 78711

The complaint must include the following:

• A copy of the original request form
• The agency's response.
• Additional documents to support the case.

Record custodians may deny record requests for the following reasons:

• The record is sealed or exempt due to statutory reasons.
• The request is ambiguous or does not contain enough search information.
• The request record is no longer in the custody of the agency.

How to Expunge or Seal Brazoria County Criminal Records

In Brazoria County, you can expunge or seal criminal records by filing a petition with the county district court at:

Brazoria County Courthouse
111 East Locust Street
Angleton, TX 77515
Phone: (979) 849-5711

The petition must include information on the following:

• The petitioner’s personal information and physical-identifying features.
• The petitioner’s physical features, such as sex, height, and weight.
• Criminal charges
• Court information, including the trial court’s name and case number
• Names and contact information of all public and private entities that have access to the criminal information.
• A statement declaring a request for relief.

To expunge or seal criminal records, offenders must fulfill the following criteria:

• You were arrested but not convicted, and there was no court-ordered supervision.
• You were tried and later acquitted by the trial court.
• You were convicted of an offense committed before September 1, 2021, under Section 46.02 (a).
• You have not previously received an expungement for criminal records.
• The statutes of limitation on the alleged crime have elapsed.