How long are arrest records kept

A juvenile criminal record is Texas is not confidential. And the record is not automatically sealed once you turn If a record is not sealed, it can be read by law enforcement agencies, probation officers, juvenile justice officers, prospective employers, educational institutions, and a few other parties. Another law lets you expunge some criminal records i.

A misdemeanor, while defined as a minor wrongdoing or crime, is still considered a crime. As such, it is still a part of your criminal record just like a felony conviction would be, and still stays on your record, indefinitely, unless you seek an expungement.

This means a misdemeanor stays on your record for life unless you successfully petition for expungement. Even though misdemeanor offenses are less serious than felonies, they are still serious breaches in the eyes of the law.

Legally speaking, a misdemeanor is on your record for life. However, in some cases, background checks will only go back a certain number of years. If you were arrested for a misdemeanor or felony, your criminal record may qualify for expungement under the following conditions:.

Texas requires that you wait a specific period of time before filing for expunction if you were arrested, but not charged with a crime. These waiting periods are days from the date of arrest for a Class C Misdemeanor, one year from the date of arrest for a Class A or Class B Misdemeanor, and three years from the date of arrest for a felony.

NOTE: You do not qualify for restriction if your charge was indicted but later closed without conviction because: You pled guilty to another charge in the case; You were involved in a pattern of criminal activity prosecuted in another jurisdiction; The prosecution could not use important evidence against you evidence was suppressed ; You were acquitted, but there was evidence of jury tampering or judicial misconduct. The process can take up to days and is as follows: Contact the arresting law enforcement agency for the requirements to restrict a record.

Submit the application and any other required documentation. A copy of the Application is included with these instructions. Within ninety 90 days of receipt from the arresting agency, the prosecuting attorney must decide whether the record will be restricted expunged — based on the criteria in the law — and return the application to the arresting agency.

If approved, the arresting agency must restrict the information within thirty 30 days and return the application to you at the address you provided on the application. If the application is denied, you have thirty 30 days to appeal by civil action in superior court.

The process to seal the records of the court is as follows: Get a certified copy of the final disposition in your case from the clerk of court where your case was handled.

Prepare the motion. A sample motion is included in these instructions. Sign and date the motion. Indicate the case number assigned to the criminal case. Attach the final disposition and any other required documentation.

NOTE: Do not attach a copy of your criminal history. Attach any additional documentation showing that the presence of the record on your GCIC criminal history record is causing you harm such as letters of employment or housing denials based on your background. Make three copies of your original documents. File the Motion and Draft Order in the criminal division of the clerk of court that handled the case. There should not be a filing fee. NOTE: If the case was a felony, you should file the motion in the superior court.

If the case was a misdemeanor, the motion should be filed in the state court. Deliver or send a copy of your Motion and Draft Order to the office of the prosecuting attorney in the original case and the clerk of court. If you requested a hearing, the judge will hear testimony about whether record restriction is appropriate in your case. If the judge finds that restriction is appropriate, he or she will sign the order.

It must be filed with the clerk of the court that handled the case. How to Restrict Expunge Records of a Vacated or Reversed Conviction and Seal the Court Records If your conviction was vacated by the trial court or reversed by an appellate court, the record may be eligible for restriction expungement. Harm may be demonstrated through your testimony in court or by providing denial letters from employers or housing providers. If requested, a hearing will be held within ninety 90 days of filing.

The court will hear evidence to determine if restriction is appropriate. The court will consider the reason the conviction was reversed or vacated, why the prosecution did not retry the case within the two 2 year period, and whether the public has an interest in the record being available.

Sample documents are included with these instructions. If a hearing is requested, it must occur within ninety 90 days of the filing. The court will consider the reason the case was placed on the dead docket and grant restriction if appropriate. How to Restrict Expunge Youthful Offender Convictions and Seal the Court Records If you were convicted of certain misdemeanor charges when you were under the age of twenty-one 21 , you can petition to have the record s restricted expunged.

You were under the age of twenty-one 21 when convicted; 3. You successfully completed the sentence; and 4. If requested, hearing must occur within ninety 90 days of filing the petition. Proof of successful completion of the sentence. Petition to restrict. Sample petition is included with these instructions Evidence that the charge causes you harm such as preventing employment.

How to Restrict Expunge a Felony Charge When Only Convicted of an Unrelated Misdemeanor and Seal the Court Records You can have a felony charge restricted on your criminal history if it was closed without conviction and you were convicted only of an unrelated misdemeanor offense in the case.

If the felony charges were indicted i. If the felony charges were never indicted i. The court will grant restriction if it determines that the misdemeanor conviction is not related to the felony not a lesser included offense and the harm you suffer clearly outweighs the public interest in the record.

Sample documents are included in these instructions Evidence that the charge is causing you harm such as keeping you from finding employment. How to Restrict Expunge Records of Charges Handled in Superior Court Usually Felonies Under the new record restriction law effective July 1, , most eligible charges will be restricted from your record as soon as the prosecutor or the clerk of court enters the eligible disposition onto your GCIC criminal history record.

PROCESS: Get a copy of your official GCIC criminal history record from a local law enforcement agency so you will know the arresting agency, arrest date, and what specific information is included in your record. Get a certified copy of the final disposition in your case from the clerk of court where your case was handled.

A sample motion is included with these instructions. The DOJ is required by law to record summary arrest, detention, disposition, and personal identification information when submitted by a law enforcement agency or court of this state. The record retention policy of the Department is to maintain criminal history information until the subject reaches years of age. Once you have obtained a court order, to process an update of your criminal history record, you must first obtain a copy of your criminal history record.

Section If you feel the information contained within your criminal history is incorrect, you may submit a formal challenge to the Department of Justice only after you have received a copy of your record from the Department, pursuant to California Penal Code sections For more information, please click on the "Criminal Records - Request Your Own" link on the right side of the Background Checks home page.

However, the process was not systematic and many records that were eligible for deletion were not deleted. If you believe that the information held on the PNC is inaccurate or incorrect you will need to contact the Data Controller or data protection office for the force which owns the data. Simple cautions are issued by a police officer in a police station. Before administering the caution, the police officer must do the following:.

Conditional cautions are usually issued in a police station or, occasionally, at a location that is appropriate to the offence but not on the street or at your home.

This consultation should be carried out as quickly as possible, either with a Crown Prosecutor located at the police station or by telephone. In exceptional circumstances, it may not be possible for the police to consult with the CPS on the spot, in which case you may be bailed under s.

For further information and to read the Conditional Cautioning Code of Practice, please see here. Youth cautions may be issued where a young person aged admits an offence and there is a realistic prospect of conviction, but it is not in the public interest to prosecute. Youth cautions are issued by the police, but the police may ask the Youth Offending Team YOT to carry out an assessment of the young person before issuing the caution.

The young person may be bailed in order for the assessment to take place. Youth cautions may be issued in a police station or a youth offending team premises. If the caution is being issued as part of a restorative justice process, the caution may be issued at the premises where the offence occurred, if this is deemed appropriate.

If you have previously received a youth caution, you will be referred to a YOT who will carry out an assessment and consider putting in place an intervention programme designed to prevent reoffending.

The youth conditional caution may be issued in a police station, court building, YOT premises, the offices of any prosecutor, or any other suitable location consistent with achieving the appropriate impact on you.

The police must seek authorisation from the CPS to issue a youth conditional caution. The Crown Prosecutor will also seek advice from the local YOT as to the appropriate conditions to attach to the caution. If you have accepted a caution, you have admitted guilt or liability for the offence for which the caution was issued.

There is no formal right to appeal against the issuing of a caution, but if you feel that the police did not follow the specified procedures or if you were unfit to accept the caution at the time, you may be able to challenge the caution.