San Antonio, TX asked in Criminal Law for Texas

Q: I was charged for Misdeameanor B Theft, will it be on my record right now, before I get convicted?

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3 Lawyer Answers
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Yes, assuming law enforcement reports it to DPS. Your criminal history is composed of arrest/citations records from law enforcement agencies, records from courts that decide criminal cases, and punishment records from prisons, jails, and probation departments.

So, assuming everyone is doing their job, there should be an arrest/citation record from law enforcement and a pending case record from the court. That said, if it was a cite and release for shoplifting there is a decent chance that law enforcement won't report. You can check your own record by buying a fingerprint criminal history from Texas DPS. I have instructions posted for doing that on this page: http://www.pacefirm.com/faq/criminal-history.html#getTX

Herman Martinez
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Herman Martinez
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: In Harris County, Texas your arrest for theft is a public record despite a conviction. Even if your case is eventually dismissed it continues to be a public record unless you get it expunged. Please note that an expungement is separate matter.

Paul Saputo Jr.
Paul Saputo Jr.
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: It is a matter of public record that you have been charged. The courts and law enforcement agencies will publish it according to their own rules and policies, and if someone looks for it where it is published, it can be found.

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