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Are Criminal Records in Fort Bend County Publicly Accessible?
Criminal records for Fort Bend County and the rest of Texas are generally considered public records. Under Texas laws, such as the Texas Public Information Act and the Texas Code of Criminal Procedure, the public is granted access to government records, such as criminal records, unless the information is restricted by law.
The Public Information Act defines what types of information are public and provides the process for requesting records. Under the act, custodians of public criminal records are required to provide access to eligible persons. At the same time, the Code of Criminal Procedure specifies what types of criminal records are accessible and when they can be accessed. Criminal records are typically generated by local and state law enforcement and courts that also answer public record requests for criminal records.
Criminal records are generally considered proof of guilt as they are created after criminal proceedings and actual convictions. Records that are available for public access in Fort Bend County include arrest records, booking information, charges, court records, sentencing information, prison/jail records, and other important details.
Some information may also be restricted from public disclosure under Texas laws, such as the following.
- Records concerning juveniles or minors
- Criminal records that have been sealed or expunged under Texas law
- Information that may identify victims or witnesses to a crime
Who is Eligible to Access Fort Bend County Criminal Records in Texas?
According to Texas law, the following parties may request to obtain criminal records maintained by Fort Bend County law enforcement agencies.
- Law enforcement agencies: Prosecutors, sheriff’s offices, and local police departments may request criminal records for investigations and other related uses. These agencies may also be able to access records that may have been sealed.
- General Public: Any member of the public may request criminal records from their custodians in Fort Bend Law enforcement or the Texas Department of Public Safety exempt when the documents have been sealed, expunged, or otherwise restricted from public access. Individuals may request their records to correct mistakes or for personal documentation.
- Employers and private organizations: Companies may obtain criminal records or conduct background checks during employment, particularly for jobs involving vulnerable people or sensitive information, such as schools or banks.
- Other government agencies: Some federal, state, and local government agencies request criminal records for official reasons such as issuing security clearances or licenses.
To request criminal records for Fort Bend County, record seekers may contact the Fort Bend County Sheriff’s Office. The permission of the subject of the records is typically not needed to obtain criminal records in Texas. Some records may be exempted from public disclosure after being expunged or sealed. Such records may be obtained if the requester receives a court order authorizing the release of the criminal record.
How to Request Criminal Records in Fort Bend County
Criminal records for Fort Bend County may be available from the Fort Bend County Sheriff’s Office. A request for a local criminal record can be made by visiting the sheriff’s office in person or contacting the office at:
Fort Bend County Sheriff’s Office
1840 Richmond Parkway
Richmond, Texas 77469
Phone: (281) 341-4665
Email: FBCSOPIO@fortbendcountytx.gov
Requests for Fort Bend County criminal records can also be made to the Records Division of the county sheriff’s office. Inquiries about requesting criminal records can be made to the records division by calling (281) 341-4625 or emailing fbcsorecords@fortbendcountytx.gov.
On the state level, interested parties may request criminal records from the Texas Department of Public Safety (DPS). Public requests from criminal records or criminal history data can be made by filling out the Request Form and submitting it in person or by mail to:
The Texas Department of Public Safety
Crime Records Division
P.O.Box 15999
Austin, Texas 78761
Mailed requests must include the required processing fee of $10 per search in a check or money order payable to the Texas Department of Public Safety. Record seekers may call (512) 424-2474 for any inquiries and select option 2. For a fingerprint-based search, interest parties may follow the instructions on the Texas Crime Records website.
Criminal records may also be requested using the Online Instructions and the Criminal History Name Search provided by the Texas DPS website. To search online, users must register for an account and purchase search credits.
Record seekers may also find Fort Bend County criminal records on certain third-party record websites such as Texascourtrecords.us.
What Information Is Contained in Fort Bend County Criminal Records?
Fort Bend County criminal records typically contain an individual’s full criminal history and are generated when the subject fully goes through the legal system. The record will contain details such as the offender’s full name and physical description. A full arrest history, court records, sentencing information, and prison records will also be included in the criminal record. Other information found in a criminal record includes case details such as bail bond information, court dates, and details of any supervision or probation.
Juvenile records and any records of crimes that have been sealed or expunged are typically restricted from criminal record requests. Some restricted criminal records may be obtained after the requester obtains a court order. Records may also be released with all restricted parts completely removed or redacted.
Are There Restrictions on Accessing Criminal Records in Fort Bend County?
There are typically very few restrictions on access to Fort Bend County criminal records. Among criminal records that may have restrictions are juvenile criminal records and other records that could have been expunged, sealed, or otherwise exempted from public access. Juvenile criminal records are usually exempted from the public view to protect the privacy of minor offenders, while adult criminal records may be expunged, and access is restricted to prevent discrimination based on such criminal records.
Prosecutors, law enforcement, and other government agencies may still be able to access certain restricted criminal records for investigative purposes. In some cases, the restriction may be waived if the requester obtains a court order removing it.
What Happens if My Request for Criminal Records is Denied in Fort Bend County?
When a criminal record request is denied in Fort Bend County, the requester is usually provided with the reasons for the denial in writing. The request may be denied for various reasons, including an incoherent request, inadequate information to complete the request, privacy issues, or the record being unavailable because it is exempted or sealed by a court.
If a request is denied, the requester may contact the Fort Bend County Records Division or the Sheriff’s Office Records Division, whichever denied the request. The requester may request clarification on the reasons for the refusal and inquire about any appeals process if eligible.
An appeal may also be filed with the Open Records Division of the Texas Attorney General within 10 days of the denial.
How to Expunge or Seal Fort Bend County Criminal Records
Under Chapter 55 of the Texas Code of Criminal Procedure, petitioners can apply to expunge a criminal record if they meet certain criteria. A criminal record may be expunged in Fort Bend if the petitioner was never charged, charges were dismissed, was a juvenile at conviction, received a pardon, or was acquitted at trial.
A petitioner must also complete a waiting period of between 180 days and three years before applying, depending on the class and severity of the crime. If eligible, the petitioner may file for an expungement at the district court in Fort Bend County, where they were charged. The petitioner must fill out the required form, pay the filing fees, and attend the court hearing, during which the judge will consider granting the petition.
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