Hays County Arrest Records

Peace officers in Hays County, Texas, can arrest individuals suspected of breaking the law or causing disturbances with or without a warrant. Typically, an officer can make an arrest without a warrant if a crime was committed in their presence or if they have probable cause. While multiple law enforcement agencies are authorized to make arrests in Hays County, all arrestees are taken to the county jail, which is operated by the Hays County Sheriff's Office.

Once an arrestee arrives at the Hays County Jail facility, the individual undergoes processing, including a body search, fingerprinting, and photography. The data collated during processing is used to complete the arrest report. After processing, the arrestee may be placed in a holding cell or released on bail pending their arraignment, where they will be formally informed of their rights and the charges.

Individuals generally have access to arrest records, or portions thereof, in Hays County. They may also review Hays County court records to learn about the legal proceedings held after an arrest.

Are Arrest Records Public in Hays County?

Yes. Under Texas Government Code, Chapter 552, Hay County arrest records are considered open records, i.e., documents accessible to the general public upon request. However, there are exceptions to the state's public records law.

Certain records are not publicly disclosed due to their contents or nature. These include juvenile arrest records, sensitive personal information, and documents related to ongoing investigations or litigations. Such records may be disclosable only by court order or to parties authorized under the law, such as the subject of a record, law enforcement personnel, or a judicial officer.

What Do Public Arrest Records Contain?

Not all details in a Hays County arrest record are accessible to the general public. However, the following sections are usually disclosed to the public about an arrest:

• The suspect's complete name, date of birth, gender, ethnicity, and identifying characteristics, such as marks, tattoos, piercings, eye color, height, and weight.
• The suspect's photograph (mugshot)
• The arresting agency
• Details about the arrest incident, including the suspect's booking number, booking date, custody status, release date, charge(s), and bail amount
• Warrant information (if any)

Hays County Crime Rate

According to the Uniform Crime Report compiled by the Texas Department of Public Safety (TDPS), the most recurring offenses in Hays County in 2023 were assault, larceny-theft, and burglary. Similar crime frequencies were seen in 2022.

Based on the report, 2,694 cases of assault were recorded in 2023 against the 2,962 cases in 2022, leading to a -9.08% change. Larceny-theft had 2,560 occurrences in 2023 against the 2,930 recorded in 2022 (a -12.62% change). Meanwhile, burglary occurred 510 times in 2023, with a reported 481 incidents in 2022 (a 6.03% change).

The least frequently reported crime in both years was human trafficking, with one incident recorded in 2023 and five in 2022.

Hays County's crime rate per 100,000 population in 2023 was 2,298, compared to the rate of 2,660.9 per 100,000 persons noted in 2022, representing a 9.08% decline.

Hays County Arrest Statistics

The TDPS releases arrest statistics for each county in Texas, including Hays. According to the agency's latest publication (2022), law enforcement in Hays made 848 arrests in 2022. Of those arrests, 447 were related to larceny, 220 to assault, and 60 to burglary incidents.

Comparatively, there were 822 arrests recorded in Hays in 2021. The top three crimes leading to arrests were larceny (444 incidents), assault (209 occurrences), and auto theft ( 62 arrests).

Find Hays County Arrest Records

Residents interested in obtaining arrest records in Hays County can query local law enforcement departments. Several agencies provide police services within Hays, including the Buda PD, San Marcos PD, and Hays County Sheriff’s Office, all of which have the authority to make arrests in the county. Depending on the arresting agency, individuals may be able to request the records online, via mail/email, or in person.

Nonetheless, residents can utilize the county's Jail Record Search to locate records related to an arrest incident, including the agency involved and the charges. The system can be searched by the defendant or booking number.

On a statewide level, the Texas Department of Criminal Justice (TDCJ) maintains records about people who may have been arrested in Hays but were sent to state prison. The agency maintains an online tool for easy research.

It is also possible to locate federal inmates using the Bureau of Prisons Inmate Locator, searchable with an inmate's name or number.

Free Arrest Record Search in Hays County

One can usually access arrest records at no cost through any of the arresting agencies as mentioned earlier by providing specific details like a full name or booking number for record retrieval. Alternatively, individuals can inquire about criminal case records at county courthouses, where arrest details from public criminal records are typically available for review.

Moreover, certain third-party websites offering arrest records allow users to conduct some initial searches for free. These platforms vary in the extent of complimentary search options provided, enabling individuals to search for arrest records. While some degree of free browsing is available, those seeking more comprehensive information may have to create an account and opt for a paid subscription based on the most suitable package for their needs.

Get Hays County Criminal Records

A document known as a criminal record, also referred to as a criminal history or a RAP sheet, contains information about an individual's criminal footprint, such as arrests, arrest details, and court outcomes.

Members of the public generally have access to criminal records classified as public records held by law enforcement agencies like the FBI, TDPS, the Sheriff’s office, and courthouses. These records can be obtained online, by mail, or in person.

Similar to obtaining arrest records, individuals can request their criminal record from the Federal Bureau of Investigation, with the process and fees typically being similar. However, only the individual themselves can request their own record.

Also, authorized individuals can search the Texas Department of Safety's database to access criminal records through name and fingerprint searches. Search credits can be bought for $3.07 each for card purchases and $3 for cheque purchases. Only registered users can perform a search. Which only contains reported convictions or deferred adjudication for Class B misdemeanors or more serious offenses. Access to the records from this platform requires an account and is not free.

To initiate the search, the requester needs to provide a full name (first and last name), with the option to include a middle name and the complete date of birth for a more focused search. For any inquiries or assistance, individuals can contact (855) 481-7070 or send a message online.

Lastly, individuals can utilize the case search tool offered by the Office of the Sheriff to access case information from both the judiciary and law enforcement. Alternatively, they can directly contact law enforcement agencies within the county or a courthouse for more specific inquiries.

Furthermore, individuals with a criminal record can request their criminal history, including an arrest record, from the Federal Bureau of Investigation. This record can be obtained online, via mail, or through an approved private vendor for a fee of $18.

Hays County Arrest Records Vs. Criminal Records

An arrest record, although a component of a criminal record, does not equate to the same thing. It differs from a criminal record as its existence does not imply guilt. However, it may surface during a criminal record search on the individual unless it is expunged.

On the other hand, a criminal record serves as evidence of a person being convicted of a crime, representing a more serious matter with potentially severe consequences compared to an arrest record.

Moreover, the information contained in an arrest record in Hays County differs from that found in a criminal record. For instance, while a criminal record includes details of an individual's interactions with both law enforcement and the judiciary, an arrest record solely focuses on the individual's encounters with law enforcement agencies.

How Long Do Arrests Stay on Your Record?

Perpetually. An arrest record, similar to a criminal record, is considered permanent. It is the responsibility of the agencies that compile and manage these records, in accordance with the Open Records Statute of Texas, to ensure that the arrest records remain on file for the individual's lifetime as public records, unless they are sealed or expunged. Consequently, if an individual has an unsealed or expunged record, a background check would reveal their records.

Expunge Hays County Arrest Records

Having an arrest record in Hays can present certain challenges, although not as severe as having a criminal record. Fortunately, Texas laws offer qualified individuals the opportunity to clear or at least conceal their records through the process of sealing or expungement. It is important to note that not all offenses are eligible for expungement or sealing, and some offenses will inevitably remain on a person's record if committed.

The expungement of arrest or criminal records is governed by Title 1, Chapter 55 of the Texas Code of Criminal Procedure, which outlines the conditions under which a person with an arrest record can seek to have their records expunged. These conditions hinge on various factors such as the outcome of the arrest, the presence of a conviction, the nature of the crime charged, the consequences of the charge, and the completion of certain programs and time served. For instance, in Hays, an individual can apply for expunction if:

• The offense was a Class C misdemeanor resulting in deferred adjudication
• The offense did not result in a conviction, regardless of the level; the charges were not filed or were dismissed, or the individual was acquitted or pardoned

Despite these provisions, there is a waiting period before one can file for an expungement, as the statute of limitations must elapse. This waiting period varies based on the type of offense, with Class C misdemeanors requiring 180 days, Class A and B misdemeanors requiring one year, and felonies requiring five years, regardless of conviction.

Individuals who meet the requirements for an expunction can initiate the process by obtaining their arrest records, filling out the petition for the expungement of an arrest record, and submitting it, along with any required fee, to the court. These applications can only be filed in the county where the arrest was made. Upon submission of the expungement petition to the court with jurisdiction over the case, the clerk will schedule a court hearing date, usually not earlier than 30 days.

If the expunction is granted, the court will issue an expungement order to the law enforcement agency with the case file, effectively rendering the records inaccessible to the public.

For individuals who are unable to obtain an expungement, they can seek a non-disclosure, which limits public access to their records. Non-disclosure may be automatic for first-time misdemeanors or dismissed cases, or it may be petitioned for other types of offenses.

Hays County Arrest Warrants

A document issued by a judge or magistrate that grants an officer the authority to take a suspect into custody, despite their rights, is called an arrest warrant Title 1, Chapter 15 of the Code of Criminal Procedure, is. This document is issued by a court when there are substantiated and reasonable grounds to believe that the individual in question has committed a crime. Typically, a peace officer requires this document to make an arrest, particularly if the offense did not take place in the presence of the officer.

In order to obtain this document, an agent suspecting an individual of a crime must present corroborating evidence, which may include a signed affidavit. Once it is established that the suspect may have committed the crime, the warrant is issued.

The warrant includes the following details:

• The name of the subject
• The issuing court and the judge's name
• The date of issuance
• The probable cause and the suspected crime
• The name of the officer authorized to execute the warrant

Hays County Arrest Warrant Search

Typically, the courthouse is the primary location to seek a Hays County arrest warrant since that is where they are commonly issued. Alternatively, individuals can reach out to the Police Department or Sheriff’s If an arrest warrant is issued in the name of a resident, it remains in effect until it is executed. In other words, the warrant remains valid until law enforcement apprehends the subject named in the warrant and the individual faces due legal process, regardless of the duration required for this to occur. in the county to make inquiries. This communication can be conducted online, by mail, or in person.

For instance, individuals seeking information about an arrest warrant can contact the San Marcos Municipal Court for assistance. Also, residents have the option to explore the Hays Sheriff’s Office website to look up a warrant, or they can choose to correspond via mail or visit in person. However, detailed information about the individual in question would be required.

Do Hays County Arrest Warrants Expire?

No. If an arrest warrant is issued in the name of a resident or citizen, it remains in effect until it is executed. In other words, the warrant remains valid until law enforcement apprehends the subject named in the warrant and the individual faces due legal process, regardless of the duration required for this to occur.