Are Criminal Records in Hays County Publicly Accessible?

Yes, the Texas Public Information Act allows the general public to access most criminal records in Hays County. The state law also regulates the procedure and requirements through which the public can obtain public records. Under the law, requesters can obtain public records by making a request to a government agency responsible for maintaining the record. The agencies are required to provide options through which the public can get criminal records.

However, the state redacts or outrightly withholds access to certain criminal records. Such restricted records typically contain details that may endanger the safety or privacy of concerned parties. Non-public or confidential Hays County criminal records may include the following:

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

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

Both in- and out-of-state requesters can access criminal records generated in Hays County, Texas. The state law, however, restricts public access to certain records due to privacy or safety concerns. Such exempt records are only accessible to inquirers who have a direct and tangible interest in the record. Inquirers that may fall under this category are:

• The record subject and their legal representatives
• Persons directly affected by the criminal offense
• Government entities, including law enforcement agencies, courts, and county clerk's offices.
• Third-party requesters that are authorized by a court order.
• Third-party requesters that have a letter of consent or authorization from the record subject.

Note: To access confidential criminal records, legally eligible inquirers must present a proof of identification document to the record custodian entity.

How to Request Criminal Records in Hays County

Interested applicants can request Hays County criminal records by using these steps:

Step 1: Find the agencies in charge of maintaining the record

Hays County criminal records are under the purview of local and state-level agencies. At the local level, you will find the record through requests made to the county district clerk’s office. However, the Texas Department of Public Safety (TxDPS) maintains criminal records at the state level.

Step 2: Select a preferred option for getting the records

The district clerk’s office allows online searches, walk-ins, and mail-in requests for criminal records. However, the TxDPS only offers a name- and fingerprint-based search through a third-party fingerprinting vendor.

Step 3: Order Hays County criminal records from the record custodian

To order criminal records, applicants may use self-service terminals at the clerk’s physical address or send a request via mail to:

Hays County District Clerk
Hays County Government Center
712 South Stagecoach Trail
Suite 2211
San Marcos, Texas 78666

The mail request form must contain information about the requested document.

In contrast, applicants can name-search criminal records through the TxDPS’s criminal history search platform. For fingerprint-based requests, applicants must get fingerprinted at the agency’s third-party vendor location.

Step 4: Pay the required fees

The district clerk’s office charges $5 per name search, which covers ten years. In addition, criminal records cost $1 per page for the first ten pages and $0.1 per page for documents more than 10 pages.

Applicants can pay the required fees by inputting the Bureau Code 5779509 into the clerk’s online payment portal.

Alternatively, third-party search platforms like Texascourtrecords.us offer online access to Hays County criminal records. The sites have a user-friendly interface that enables users to conveniently locate records. However, they are unregulated and should not serve as reliable options for finding criminal records.

What Information Is Contained in Hays County Criminal Records?

Hays County criminal records may include information on the following:

• The offender’s personal data, such as the full name, birthplace, gender, race, height, and weight.
• Arrest information, including arrest charges, date, and booking date.
• Criminal offense name and classification.
• Court disposition and conviction

However, not all information is available in public criminal records. Sensitive information, such as juvenile crime data and sealed records, are exempt from public access.

Are There Restrictions on Accessing Criminal Records in Hays County?

Section 552.101 of the Texas Government Code restricts public access to certain Hays County criminal records. The records may be restricted due to statutory or judicial decisions. Criminal records are also sealed to protect the privacy of concerned parties. For instance, the identities of crime victims are exempt from protecting them from negative implications like discrimination.

However, certain individuals or entities may still have access to restricted criminal records in Hays County. Such records remain accessible to record subjects, law enforcement agencies, and local courts.

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

In the case of a request denial, requesters may choose to challenge or accept the record custodian’s decision. To challenge the request denial, you must file a complaint 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 inquirer’s original request, the agency’s response, and other documents to support the case.

Record custodians may deny record requests for the following reasons:

• The request is not specific enough for the agency to retrieve the record.
• The requested document is sealed or no longer in the custody of the agency.
• The requested document is confidential or exempt under statutes.

How to Expunge or Seal Hays County Criminal Records

Per the Texas Code of Criminal Procedure, Chapter 55, eligible offenders can file an application to expunge criminal records with the Hays County district court or the prosecuting attorney’s office at:

712 South Stagecoach Trail
San Marcos, TX 78666,
Phone: (512) 393-7700

Hays Government Center
Suite 2057
San Marcos, TX 78666
Phone: (512) 393-7600
Fax: (512) 393-7619

The court will review the petition and determine if the record should be expunged or not. The court may also consider if the petitioner fulfills the following criteria:

• They were tried and later acquitted by the trial court.
• They were convicted but later received a pardon.
• They were arrested but not convicted, and there was no court-ordered supervision.
• The statutes of limitation on the alleged crime have elapsed.
• The waiting period for expunging the crime has elapsed. For instance, you must wait three months from the arrest date to expunge Class C misdemeanors.