Are Criminal Records in Harris County Publicly Accessible?

Yes, criminal records generated in Harris County are mostly accessible to the public. Under the Texas Public Information Act, the public can inspect or obtain copies of records generated by government entities. The law also requires these entities to release records upon request from inquirers who meet the legal requirements.

Note that certain criminal information is not included in public records. The state law allows government entities to redact or outrightly refuse access to confidential Harris County criminal records. Such confidential or exempt criminal records may include the following:

• Information that is exempt from public view under state or federal statutes.
• Criminal information that is sealed or exempt due to a court order.
• Identification of witnesses or whistleblowers in a criminal investigation.
• Crime-related information shared between a defendant and their legal representative.
• Criminal data whose disclosure may interfere with the investigation and prosecution of a crime.

Nonetheless, government entities may release confidential criminal information under these circumstances:

• The inquirer is a family relative of the victim in a crime-related incident.
• The record subject is deceased or incapacitated.
• The record subject consents to the release of their criminal information.

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

All persons and entities, including government bodies, can access most criminal records generated in Harris County. However, confidential criminal records are only accessible to entities that have a direct and tangible interest in the record. For instance, record subjects, crime victims, and legal representatives can request confidential records from government entities. Entities like law enforcement agencies also have direct access to criminal records in Harris County. Per Texas laws, law enforcement agencies may include entities like the Texas Department of Criminal Justice and the arson investigation division in fire departments.

How to Request Criminal Records in Harris County

Interested parties can request Harris County criminal records from designated local or state-level agencies via these steps:

1. Determine the agency holding the record
   Harris County District Clerk’s office offers access to criminal records at the local level. In contrast, the Texas Department of Safety (TxDPS) provides statewide access to criminal records.
2. Choose a preferred method of accessing the record.
   The county district clerk allows in-person inquiries for criminal records in their custody. However, TxDPS offers name- and fingerprint-based options for accessing records.
3. Obtain Harris County criminal record through the preferred option
   To obtain records from the district clerk, interested parties must make an in-person request at:

Harris County District Clerk's Office (CJC)
1201 Franklin
3rd Floor
Houston, TX 77002
Office: (713) 755-7300

Criminal Customer Service
201 Caroline
1st Floor
Suite 110
Houston, TX 77002
Phone: (832) 927-5900
Email: CustomerService@hcdistrictclerk.co.

The TxDPS, via an online search platform, allows name-based searches for criminal records. Persons or entities using the platform must first create an account and then provide relevant search data.

In contrast, you can make fingerprint-based inquiries by sending the required data to the agency’s licensed third-party fingerprint vendor. The vendor has service centers set up around the state.

1. Pay the required fees.

Local and state-level custodian agencies may charge fees for producing physical copies of criminal records. In addition, they may charge mailing fees to send requested documents.

Note: There is no wait time when requesting criminal records through the TxDPS’s online database. Users are able to view and obtain criminal records after inputting the required search details. Likewise, the county district clerk may process requests on the same day as the request.

Third-party platforms like texascourtrecords.us provide alternative means of accessing Harris County criminal records. Such sites are typically easy to navigate and may not require user identification before disclosing the record. Nevertheless, third-party search sites are unregulated and may not contain accurate information.

What Information Is Contained in Harris County Criminal Records?

Harris County criminal records contain information submitted by the courts and local criminal justice agencies. Interested parties may find the following information in criminal records:

• The record subject’s personal data, including full name, gender, birth date, mugshot, and ethnicity.
• Record subject’s complete set of fingerprints
• Arrest information, including the charges and booking date.
• Criminal offense name and classification.
• Court disposition and conviction

Note: Custodian bodies may redact sensitive or confidential information from public criminal records in Harris County. For instance, juvenile criminal data and sealed or expunged criminal records are not open to the public.

Are There Restrictions on Accessing Criminal Records in Harris County?

Yes, Section 552.101 of the Texas Government Code restricts public access to Harris County criminal records that are confidential by law, constitution, or judicial decision. In addition, state law generally restricts access to criminal records whose disclosure may violate an individual’s right to privacy or safety. Restricted criminal records may include juvenile criminal data and criminal information that may interfere with ongoing investigations.

Although restricted criminal records are not publicly accessible, record custodians may release the records to the following parties:

• The record subject, blood relations, and their legal representatives.
• Law enforcement agencies
• Courts
• State-level government entities, such as the following:
  • The Texas Private Security Board
  • The Texas State Board of Public Accountancy
  • The Texas Medical Board
  • The Texas Department of Licensing and Regulation

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

In the case of a criminal record denial, you can file a complaint with the Texas Office of the Attorney General’s Open Records Division at:

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

The complaint must include a copy of the record request form, the custodian agency’s response, and other necessary documentation. Upon receiving the complaint, the ORD will review and determine if the record should be released.

In Harris County, custodian agencies may deny criminal records requests for reasons such as the following:

• They are sealed or expunged.
• They contain information that is classified as confidential under state or federal statutes.
• They are not under the purview of the agency.

How to Expunge or Seal Harris County Criminal Records

In Harris County, you can expunge or seal criminal records by filing a petition for expunction with a local court of competent jurisdiction. The court may approve the petition if the petitioner fulfills the following requirements:

• You were tried and later acquitted by the trial court.
• You were convicted but later received a pardon.
• You were arrested but not convicted, and there was no court-ordered supervision.
• The statutes of limitation on the alleged crime have elapsed.

Petitioners must also wait for specific periods before they can expunge criminal records. For instance, you can expunge felony convictions three years from the arrest date.