Are Criminal Records in Hidalgo County Publicly Accessible?

Yes, Hidalgo County criminal records are publicly accessible. Public access to such records is guaranteed by Chapter 552 of the Texas Code. Also, Chapter 55 of the Texas Code of Criminal Procedure, Section 10, Article 1 of the Texas Constitution, and Sections 411.081 to 411.135 of the Texas Government Code are other crucial laws governing how the public access some criminal records in Hidalgo County and other parts of Texas. Under Texas laws, interested entities may access arrest histories and documents relating to the trials, conviction, sentencing, and incarceration of individuals who commit criminal acts within Hidalgo County.

However, although Texas laws permit the viewing and copying of criminal records, there are restrictions to public disclosure of sealed, expunged, and juvenile criminal records in Hidalgo County. Also, for privacy and safety reasons, custodians of county criminal records will deny requests if there are court restrictions on the documents or if they relate to ongoing investigations, domestic abuse, or medical/mental evaluations.

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

The Texas Public Information Act permits all interested individuals access Hidalgo County criminal records. Therefore, county criminal records are accessible to:

• Private individuals
• Law enforcement
• The courts
• Authorized agencies like licensing and certification agencies
• Legal representatives
• Researchers
• Journalists and media establishments.

Nonetheless, for safety and privacy, access to some Hidalgo County criminal records may depend on the record type and the applicant. For instance, except for the courts and law enforcement agencies, other entities require court orders or the owners of consents to access sealed records.

How to Request Criminal Records in Hidalgo County

Individuals seeking copies of Hidalgo County criminal records should:

• Log into the Hidalgo County District and County Offices Criminal Case Records Inquiry Portal and search for criminal records by case numbers, citation numbers, or names. Log into the Jail or Bond Records Portals for jail or bond information.
• Download, complete, and email the Hidalgo County District Clerk's Office Copy Request Forms to districtclerk@co.hidalgo.tx.us or send by fax to (956) 318-2251. Alternatively, mail the request with self-addressed envelopes and proper postage to:

Laura Hinojosa
Hidalgo County District Clerk
P.O. Box 87,
Edinburg,
Texas 78540

• Log into the Texas Department of Public Safety's (TDPS) Crime History Conviction Name Search Portal and search for Hidalgo County criminal records by name or visit the nearest IdentoGO location for fingerprinting services and request Fingerprint-Based Criminal History Check for criminal records through the DPS Crime Records Division at:

The Texas Department of Public Safety
5805 North Lamar Boulevard,
Austin,
TX 78752-4422
Phone: (512) 424-2474
Email: crime.records@dps.texas.gov

• Search for Hidalgo County criminal records through texascourtrecords.us and other independent online platforms.

Requesters should note that the timeline for delivery of records may depend on online availability, the complexity of the records, and the volume of requests to the custodian agencies. Typically, non-certified online copies may be emailed immediately. However, it may take longer if the documents require retrieval from storage. The exact processing time for mail requests is not specific but depends on whether the records are digitized or archived. Additionally, mail services may take a few business days to deliver the documents after processing.

Record seekers should note the following fees for certified and non-certified copies of Hidalgo County criminal records:

• Paper copies - $1.00 per page
• Electronic copies - $1.00 for the first 10 pages and an additional $0.10 for each subsequent page
• Paper to electronic format - $1.00 per page.

What Information is Contained in Hidalgo County Criminal Records?

Hidalgo County criminal records are criminal histories of convicts under the Hidalgo County criminal justice system. These documents encompass arrest records and other case files on criminal trials; they contain the following information:

• Full names, known aliases, dates of birth, genders, and ethnicities of the record owners
• Names of the arresting agencies, booking numbers, mugshots, time and locations of arrests, and bail/bond information
• Case numbers, charges and sections of Texas Codes violated, arraignments, court names, and trial dates
• Outcome of trials
• Names of prosecuting and defending attorneys
• Date and length of sentences
• Names of prison/jail facilities.

Hidalgo County criminal records may also contain information about active warrants and probations/paroles.

Not all Hidalgo County criminal records are accessible. For instance, custodian agencies will exempt access to juvenile records and sealed/expunged records and redact fingerprints and Social Security Numbers from publicly accessible documents.

Are There Restrictions on Accessing Criminal Records in Hidalgo County?

Yes, there are restrictions on accessing Hidalgo County criminal records. Chapter 55 of the Texas Code of Criminal Procedure, Texas Government Code, Chapter 411, Subchapter E-1, and Chapter 58 of the Texas Family Code exempt public access to sealed, expunged, and juvenile criminal records. Also, due to privacy and safety concerns, criminal records relating to active investigations, domestic violence and abuse, medical/mental health histories, and other confidential information are not public.

Only law enforcement, the courts, the record owners, and authorized entities may access non-public Hidalgo County criminal records.

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

Custodian agencies may deny individuals access to Hidalgo County criminal records for the following reasons:

• The documents are sealed, expunged, or relate to juvenile crimes
• The requester is not eligible to access the documents
• The criminal records do not exist
• The request contains incomplete information.

The following steps may help requesters access criminal records if custodian agencies deny them access:

• Determine eligibility to access the specific criminal records
• If eligible to access the documents, ask the agency for a formal written explanation for the denial
• Submit a formal written appeal to the agency outlining the reasons they should reconsider their decision
• Allow time for the agency to review the appeal
• If the agency still does not grant access after the appeal, petition the Texas Attorney General’s Open Records Division within 10 business days after the appeal. Send a written petition to:

The Office of the Attorney General – Open Records Division

P.O. Box 12548,
Austin,
TX 78711-2548
Phone: (512) 478-6736

• Seek advice from legal professionals and consider lawsuits if other options fail.

How to Expunge or Seal Hidalgo County Criminal Records

According to Chapter 411, Subchapter E-1 of the Texas Government Code, and Chapter 55 of the Texas Code of Criminal Procedure, an owner of Hidalgo County criminal record may apply to the Hidalgo County District Court or the Hidalgo County Court at Law for expunction and order of nondisclosure if they fulfill the following requirements:

Expunction

• There were acquittals, dismissals, or the charges did not result in criminal prosecutions.
• The convict receives a pardon from Texas Governor
• The individual completes a deferred adjudication
• The record results from mistaken identity or wrongful arrest
• The criminal record is for a Class C misdemeanor or an eligible non-violent felony
• The applicant observes the applicable waiting periods and makes all court-imposed payments.

Individuals seeking to seal or expunge their criminal records should do the following:

• Determine their eligibility to seal or expunge the specific criminal records
• Gather documents that will aid the sealing or expunction petition (this should include arrest records, proof of acquittal or completion of a deferred adjudication program, and disposition documents)
• File petition at the Hidalgo County District Clerk's Office at:

100 N. Closner,
Edinburg,
TX 78539
Phone: (956) 318-2200
Fax: (956) 318-2251
Email: districtclerk@co.hidalgo.tx.us

• Pay all applicable filing fees
• Notify the Hidalgo County District Attorney’s Office, the arresting agency, and the Texas Department of Public Safety (DPS)
• Attend court hearings to provide answers to questions and counter objections.
• Wait for the court to decide on the application. If the petition is successful, the court will order the relevant agencies to seal or expunge the criminal records.