Texas Background Check Details

According to the Texas Code of Criminal Procedure, Chapter 60, the system of computerized criminal history is the central repository for data collected on individual criminal histories in the state. The data includes details reported by the various criminal justice agencies throughout the state to the Department of Public Safety in Texas.

The Texas Criminal Justice information System has two essential components: the Corrections Tracking System and the computerized criminal history records. While the Texas Department of Criminal Justice is responsible for the management of the former, the latter is managed by the Department of Public Safety in Texas

Information Included in the Texas Background Checks

The information included in the Texas background check reports includes details such as arrest details, details of the prosecutions, arresting agency, the court of origin, parole details, details of convictions, nature of the crimes committed, information of any parole revocations (if any), and details of disposition for a Class B Misdemeanor charge or a more severe violation of the criminal laws of the state.  In addition, it may also include data that is reported to the Department of the Public Safety in Texas by the Department of Criminal Justice.

An important provision stated in Chapter 60 of the Texas Code of Criminal Procedure is the creation of the ‘Tracking Number Suffix’ and the’ Incident Tracking Number’. These serve as a  link to the arrest charges from adjudication. The benefits are that they can ensure each arrest charge can be easily located through the database, which makes conducting a background search convenient and accurate. However, it can work only when all the reporting agencies statewide carefully report and pass on the ‘Tracking Number Suffix’ and the’ Incident Tracking Number’.

In addition, Chapter 60 also outlines the procedure for the flow of information from the various local law enforcement and criminal justice agencies to ensure that the contents of the Texas background check reports are accurately compiled. The local agencies that are responsible for reporting the details of the background check report include prosecuting agencies, arresting agencies, and court clerks

Prosecuting Agencies

When a district attorney, county attorney or any other prosecutor receives a report on a Class B Misdemeanor or greater charge, they are required to report details such as acceptance, denial, corrections, changes or any addition to the charge of such offenses along with their tracking number suffix and incident tracking number to the Texas Department of Public Safety.

Arresting Agencies

The arresting agencies include the various police departments, sheriff’s offices and other local agencies of criminal justice. As per the guidance of Chapter 60 of the Texas Code of Criminal Procedure, these local arresting agencies are required to report details of arrests that involve a Class B Misdemeanor charge or greater, along with the fingerprint identification cards and the relevant incident tracking number and the tracking number suffix of each arrest to the Department of Public Safety within a period of 7 days.

Court Clerks

The various district clerks, county clerks, and other clerks also require reporting the deposition of cases pertaining to Class B Misdemeanor offenses and greater to the Department of Public Safety.

Use of the Texas Background Check Report

Chapter 411, Sub chapter F, of the Texas Government Code regulates the use of the background check report. A Texas background check is required for employment purposes, licensing purposes, for acquiring certain permits and verifying credit score of an individual.

The Texas background check is used for certain specific non-criminal purposes such as issuing administrative licenses involving, law, education, and medical purposes, for certain employment purposes involving children, the elderly population and the disabled, volunteers at day care facilities, hospital employees, individuals working at nursing homes, mental health workers, jobs in financial institutions, nuclear power plants, certain sensitive jobs involving national security and for ‘Brady firearm sales’.

Conducting a Texas Background Search

State laws in Texas allow individuals to access, obtain, challenge and review the contents of their own background check report provided they can furnish a fingerprint identification card. Access to the background check report of other individuals is restricted.

To conduct a background search of another individual, the requesting individual or the agency has to first inform the individual about the reason behind such a search and receive the consent of the concerned individual. They then send the request to the Department of State Police or the Department of the Public Safety in Texas for processing.

The department only reveals if the individual has any criminal charges against him or her. If the concerned individual has no criminal convictions then the department does not reveal any additional information about the individual.

To send your request for conducting a background check you need to pay a nominal fee along with providing details such as the name of the individual or the agency that is requesting the background check, the name, date of birth and the known address of the individual whose background check is being conducted.

For any questions about the Texas background check, you can write to the following address:

Texas Department of Public Safety, Crime Records Service, CJIS Field Representatives, P.O. Box 4143, Austin, Texas 78765, Phone: (512) 424-2478, Email: afis_cjis@txdps.state.tx.us, Website: https://records.txdps.state.tx.us/DPS_WEB/Cch/index.aspx