What is my criminal history?

Your criminal history is a list of every arrest and jailable offense that has been filed against you in your lifetime and the results of prosecution in each case, i.e., case dismissed, deferred adjudication, conviction, etc.

Although originally compiled for use by law enforcement, criminal records are also used by many public and private entities to evaluate your personal character, honesty, and integrity. Your criminal history is also an important part of the background check used by professional licensing agencies as well as some creditors and many potential employers.

How are criminal records created?

Criminal records are created by arresting agencies and courts in which charges are filed. In Texas, there are thousands of different federal, state, and local agencies with the authority to arrest a person they suspect of committing a crime. There are also thousands of courts, including municipal courts, JP courts, county courts, state district courts, and federal courts.

Which organizations compile criminal history data?

Although each arresting agency and court may maintain its own internal database, most criminal records are reported to a statewide database compiled by the Crime Record Service, a bureau of the Texas Department of Public Safety (DPS). The FBI also compiles criminal records into a nationwide database. Most of this data is available to the public and there is an entire industry of private information brokers that gather public records around the country and sell them for background checks.

How can I get my Texas DPS criminal history?

To obtain a copy of your official Texas DPS criminal record, you'll first need to be fingerprinted, which DPS has contracted out to a private company by the name of L-1 Identity Solutions, which has offices across Texas.

You can make an appointment online or by calling 1-888-467-2080 (be prepared to be on hold for a while). The company will submit the prints and your request to DPS electronically. The results will be mailed to you. You'll need to take a valid ID and check or money order in the amount of $24.95 ($9.95 for the fingerprinting + $15 for DPS) to the appointment.

Alternatively, if you have access to another source for fingerprinting, you can use a standard fingerprint card and submit it, along with a written request and $15 check or money order by mail. See this form for further instructions.

How can I get my FBI criminal record?

You can get your FBI record by submitting an Applicant Information Form, a standard fingerprint form and processing fee to the FBI CJIS Division in Clarksburg, West Virginia.

What if my criminal history contains errors or omissions?

If the version of your criminal history maintained by Texas DPS contains errors or is incomplete you can contact the Error Resolution Unit at (512) 424-5577 and request that they make corrections. To expedite your request please read these instructions.

The only way to force all government agencies and the private information brokers to correct errors in your criminal history is to file a petition for expunction or non-disclosure. You could almost think of these petitions as mini lawsuits that seek a court order compelling the government to do the right thing.

You'll want the assistance of an experienced attorney because the laws controlling expunctions and non-disclosure are complicated and the process is rife with statutory and procedural pitfalls. I can help you with this if you were arrested in Travis County or arrested elsewhere for an offense alleged to have occurred in Travis County.