Legal Question in Criminal Law in Texas
My question involves criminal records for the state of: Texas
Collin County / Plano, TX.
Hello,
I recently decided to fill out my own Order of Non-Disclosure Forms, being a student it's hard to afford a lawyer. I understand everything in the packet except for when it asks me to list what agencies I think may have any arrest or processing records. Is there any way for me to find out for sure all of the agencies that would have them? Which agencies would usually have them? Also, would a background check on myself list the agencies that have records?
For reference, I was arrested two different times, went to court for both of the violations in the same court, Collin County, but went to two separate jails until I posted bond each time. I was given Deferred on both and I have finished probation. Lesson learned the hard way.
Any help is awesome.
I'm so very appreciative,
Rod R.
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1 Answer from Attorneys
Rod,
The agencies that would usually have records would be: the agency that arrested you (ex. Collin County Sherriff, Plano Police Dept. etc.), any agency where you were jailed/detained, the District or County Attorney's Office, the District or County Clerk's office, and any other agencies you know were involved (ex. sometimes Texas Rangers, other jurisdictions). Texas Department of Public Safety (DPS) will also have records.
The only way to know for sure what agencies have records would be to view the prosecutor's file to see what agencies are listed (and even then it is possible that the agency never sent any records to the prosecutor), BUT it is probably unlikely that the prosecutor will let you view this file (at least not without a fight). You will probably have most if not all of the agencies by using the list of the usual agencies above.
Private background checks are a culmination of data assembled by private companies and are inherently different from one another. I would venture that most private background check companies get their data from the Texas DPS so as long as you list DPS, you should be fine. As to what information you would get from a private background check; that depends entirely on the company compiling the records.
It is always important to note that if a private background check company already has the information that you are trying to protect from disclosure, then you will have an uphill battle from keeping the public from learning about it. The non-disclosure order should prevent the TX DPS from giving out the information, but it won't do much to stop private background check companies that already have the information.
The answer above is limited to the question asked, please consult an attorney for a more in-depth answer. The answer does not consider whether your proposed actions are the best option (although they may be).
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