Understaning Your Arrest Record

How an Arrest Record is Created

If you have been arrested for a Class A or B Misdemeanor or a Felony offense you have an Arrest Record. 

By law, Police Departments, Sheriff’s Offices or any other criminal justice agency in Texas that arrests a person for a Class B misdemeanor or greater violation is required to report that event to the Texas Department of Public Safety within seven days. -Texas Criminal Code of Procedure, Chapter 66, Article 66.252(e)

Within seven days of your arrest, a record has already been generated and placed in the Texas Department of Public Safety’s Computerized Criminal History Database. -Texas Criminal Code of Procedure, Chapter 66, Article 66.102 

This is your Arrest Record.

What happens to my Arrest Record after my case is dismissed?

Chapter 66 of the Criminal Code of Procedure also requires that County and District Clerks report the disposition of the case to DPS. 

If you were convicted, the  case was dismissed, or you completed a deferred probation, that will be noted on your arrest record. It does not ever automatically drop off of the record itself. As noted above, it will appear on any background search in Texas for at least seven years after the case is concluded. However, for certain jobs (depending on salary and industry), it can be made available for Employers going back to your eighteenth birthday. 

Is my Arrest Record available to Potential Employers, Landlords, or Financial Institutions?

Yes. Texas law allows for those entities who screen applicants applying for employment, housing, and a host of other functions to see a record of arrest, indictment, or conviction of a crime for the previous seven years. -Texas Business and Commerce Code, Title 2, Chapter 20(A), Section 20.05(6)(b)(2)

This means that for up to seven years the record of your arrest will be available in background checks.

What can I do to Eliminate this Obstacle? 

Even if  you do not have a conviction on your record in these cases, it is not as if the arrest never happened. Potential employers, lenders or others who may have access to government records may still see a dismissal in the public record and, fairly or not, assume that you must be guilty of something and thereby deny you whatever you are applying to them for. The only complete solution for you is to remove public record of the incident altogether. This is what an Order of Expunction or Order of Nondisclosure does.

Employment is not the only arena in life where your arrest record can have a negative impact. ­Everyone’s situation is unique. You are always welcome to discuss with me where you may personally benefit from having your record cleared. You are also welcome to call me at 832.633.0213 or email me at jhorn@jhornlaw.com to discuss the benefits of getting your arrest record cleared.