Upshur County Arrest Records

Per the Texas Code of Criminal Procedure Article 2.13, peace officers in Upshur County are responsible for arresting presumed offenders within their jurisdictions. The purpose of an arrest is to preserve public peace or prevent an individual from harming themselves or others. Arrests in Upshur County may be conducted with or without a warrant, depending on the case peculiarity and provisions of state laws.

After an arrest, the individual is booked, and information about them and the circumstances surrounding the arrest is collected. Once arrested, an individual may be released on bail or detained in the Upshur County Jail until an arraignment is set. When cases make it to arraignment, additional information may be available in Upshur County court records.

Are Arrest Records Public in Upshur County?

Yes. The Texas Public Information Act contains provisions for the public to access Upshur County arrest records. Anyone may request access to examine and duplicate arrest records from the Upshur County Sheriff’s Office.

However, not all arrest records are open to the public under this Act. Records of juvenile arrests, active investigations, sexual victims, and any information that may threaten public peace and safety are generally not available to the public. Furthermore, identifying numbers and codes like social security numbers, mobile phone numbers, bank account numbers, licenses, and ID numbers may be redacted from public arrest records. Sealed or expunged arrest records and those tagged confidential by law are also exempt from the public.

What Do Public Arrest Records Contain?

Upshur County arrest records obtainable by members of the public typically disclose the following information:

• Name of the arrestee
• The arrestee’s birth information and current age
• Physical identifiers and features like hair color, weight, height, scars, race, gender, and eye color.
• The arrest date, time, and place
• The name of the arresting agency and official in charge
• The motive for the arrest (nature and severity of the offense perpetrated)
• Mugshots, Fingerprints, and other booking information
• Release, bail, detention, or arraignment details where applicable
• Case numbers and identifying details
• Details about the holding facility.

Upshur County Crime Rate

The Texas Department of Public Safety publishes annual reports of crime statistics. In 2023, Upshur County recorded 627 crimes. The statistics reveal that the crime rate per 100,000 residents in Upshur County was 1535.2. When compared with the crime rate in 2022, there was a 3.98% decrease. Property crimes constituted 354 of the total crimes, including larceny-theft (215), burglary (104), and motor vehicle theft (30). Violent crimes totaled 273, including aggravated assault (248), rape (16), and murder (3).

Upshur County Arrest Statistics

The arrest statistics report by the Texas Department of Public Safety showed that Upshur County law enforcement made 83 arrests for index crimes, including rape (2), assault (28), burglary (11), larceny (37) and auto theft (5). The arrest rate was 1,031.3 per 100,000 residents.

Find Upshur County Arrest Records

Upshur County arrest records are available to concerned persons via federal, state, and county resources. These resources may be utilized by submitting in-person, mail, and online requests to the relevant record custodian.

The Upshur County Sheriff’s Office manages arrest records of arrests made in Upshur County and its jurisdictions. To request these records, interested parties may submit a handwritten request or a duly completed request form to the Sheriff’s Office via mail using the information below:

Upshur County Sheriff’s Office
405 North Titus
P.O. Box 730
Gilmer, TX 75644
Phone: (903) 843-2541
Fax: (903) 843-2368

Citizens of Upshur County are also allowed to walk into the Sheriff’s Office during office hours to obtain an arrest record. The Sheriff’s Office charges $.10 per page for reproducing arrest records and $15 hourly if the services of staff are engaged. Requestors are to note that additional fees may apply to copying arrest records depending on the nature and scope of the requested record.

Similarly, one may obtain Upshur County arrest records from the Texas Department of Criminal Justice (TDCJ). The TDCJ maintains an online repository of inmate information assembled by state law enforcement agencies. A last name or TDCJ/SID(state identification) number is the minimum requirement to search the database. Federal resources like the Online Detainee Locator System provided by U.S. Immigration and Customs Enforcement (ICE) are other viable options for obtaining Upshur County arrest and inmate information.

Free Arrest Record Search in Upshur County

Upshur County residents under the TPIA are allowed to inspect and copy arrest records created by law enforcement in the county. Concerned individuals who walk into the Sheriff’s Office between 8:00 am to 5:00 pm Monday through Friday may examine public files at no cost. However, where a request for copies is made, reasonable fees may be demanded by the Sheriff’s Office.

Furthermore, the Upshur County Sheriff’s Department has a Public Information Search tool for online access to inmate and arrest records free of charge. To use the search tool, one may enter a name, sex, race, arrest/ release date, and holding facility to facilitate the search.

Alternatively, free access to Upshur County arrest records may be possible on third-party public aggregators. These sites provide public access to records gathered from multiple sources with varying jurisdictions simultaneously. Searching these sites with a last or first name may turn out limited results free of charge. Accessing more comprehensive reports on these sites usually requires low-cost fees.

Get Upshur County Criminal Records

A criminal record, otherwise known as a rap sheet or criminal history record is an official account of a person's arrests, incarcerations, indictments, and sentences related to a criminal activity. The Texas Department of Public Safety (TxDPS) is the custodian of criminal history information submitted by criminal justice agencies within the State.

To request a personal criminal history record, citizens of Upshur County may submit Livescan fingerprints, name, sex, birth date, photo ID, race, and a fee of $25 to the DPS or call (512) 424-5079. Fingerprint cards may be obtained online from any of the DPS Fingerprint Applicant Services of Texas (FAST) centers or by making phone requests via (888) 467-2080.

Interested persons may also access the criminal history information of third parties online through the Criminal History Conviction Name Search portal maintained by the DPS. This database contains criminal records of Class B misdemeanors and Class C convictions amongst others. Requestors are required to create an account, log in, and buy search credits at $3 per unit. For further information on how to use this search portal, one may Phone: (512) 424-2474.

Upshur County Arrest Records Vs. Criminal Records

Upshur County arrest records are created and maintained by the local law enforcement agency overseeing an arrest. These arrest records contain information about an individual’s arrests, incidents leading to the arrest, and the outcome. It shows whether the arrested individual was charged to court, released on bail, or cleared.

In contrast, Upshur County criminal records are more comprehensive and detailed. They include the charges, sentences, and convictions meted out to an arrested individual by the criminal justice system. Upshur County criminal records are compiled by the various law enforcement agencies in the state and preserved by the State’s Department of Public Safety.

How Long Do Arrests Stay on Your Record?

Indefinitely. Upshur County arrest information remains part of an individual’s criminal history record indefinitely. There are no specific provisions in Texas laws for the retention of arrest records hence their disposal is subject to internal policies and guidelines of their custodians. The severity of the alleged crime and whether or not there was a conviction may also influence the shelf life of the arrest records.

Nonetheless, record subjects eligible under state laws may file for sealing or expungement of the desired arrest records.

Expunge Upshur County Arrest Records

Upshur County arrest records are permanently featured on an individual’s criminal records. Consequently, the record bearer is stripped of certain rights and privileges enjoyed by other residents of the county. Texas laws have provisions for restoring the lost rights and privileges of affected individuals.

Concerned persons may file a Petition for a Nondisclosure Order or expungement. A nondisclosure order (or sealing) makes the arrest record publicly unavailable whereas an expungement equals the removal and destruction of the affected record. Additionally, juvenile arrest records that fall under the conditions listed in Section 58.203 of the Texas Family Code are eligible for automatic sealing.

As specified in Chapter 55 of the Texas Code of Criminal Procedure, an arrest record must meet certain requirements to be eligible for an expungement. These requirements include:

• An acquittal was entered at trial
• The arrested individual received a pardon from the President of the United States or the Governor of Texas
• Proof of innocence was established in court
• The alleged charges on the record did not result in a conviction
• The arrestee was convicted for certain misdemeanors approved for expungement

Similarly, Chapter 411, Subchapter E-1 of the Texas Government Code outlines the conditions and eligibility criteria for requesting a nondisclosure order. To qualify for a nondisclosure order, concerned persons must have:

• Received a deferred adjudication
• Fulfilled the required probationary programs
• Had no current deferred adjudication or convicted for a new offense
• Had no convictions for sexual crimes, driving under the influence, domestic violence, or trafficking.

To file a petition for a nondisclosure order or request an expungement, eligible parties may submit the relevant documents to a court of jurisdiction and pay the required fees where applicable. Following the review of the petition, the court may decide to grant the petition or waive it. If approved, the court issues an order of nondisclosure or expungement as requested. Relevant entities like the Texas Department of Public Safety and other criminal justice agencies are mandated by the issued court order to either redact, seal, or destroy the record(s) of interest.

Upshur County Arrest Warrants

An arrest warrant is an order permitting law enforcement to arrest and bring into custody a named individual. Upshur County arrest warrants are usually issued by a magistrate or judge as prescribed in the Texas Code of Criminal Procedure (Chapter 15). They are issued based on established probable cause and sworn evidence.

Per Section 15.02 of the TCCP, arrest warrants issued in Upshur County must contain the following information:

• Name and description of the defendant
• The defendant's alleged crime
• Date and time the warrant was issued
• The name and signature of the issuing judicial officer
• The court or entity issuing the warrant.

Upshur County Arrest Warrant Search

Residents of Upshur County in search of active warrants issued against them or other third parties may visit the County Sheriff’s Office. They may be required to provide valid photo identification and other information that may aid in searching for active warrants. Interested persons may also browse the Upshur County Sheriff’s Most Wanted page to obtain information about outstanding warrants and fugitives.

Do Upshur County Arrest Warrants Expire?

No. Once an arrest warrant has been issued in Upshur County, it remains active until the arrest is executed. However, the issuing court may recall or quell a warrant in cases of unlawful executions or warrant issuance. The demise of the named individual may also invalidate an issued warrant.