The Texas Conviction Database is a publicly available database maintained by the Texas Department of Public Safety (the “Department” or the “DPS”). The Conviction Database consists of public information extracted from the DPS Computerized Criminal History System. The Conviction Database contains records of “convictions” and “deferred adjudications” for Class B misdemeanor or greater offenses committed in Texas that have been reported to the DPS. But, in the past, the Conviction Database has been found to also, in some instances, contain “convictions” or “deferred adjudication” records for Class C misdemeanor offenses, if information on the offense has been reported to the Department.

It is important for Texas residents or individuals arrested in Texas to understand that “convictions” or “deferred adjudications” are considered public information under Texas law. Individuals or commercial background check companies can purchase the entire Conviction Database from the DPS. For job applicants, this means that their potential employer can search the Conviction Database to find their “convictions” and “deferred adjudications” records. Similarly, your “conviction” or “deferred adjudication” records may also appear if your potential employer hires a commercial background check company to run a pre-employment background check.

To have a “conviction” removed from the Conviction Database, the criminal court must have issued an order “setting aside the conviction” when you were discharged from probation. If “judicial clemency” was granted or the judge “set aside” the “conviction,” you can have the records removed from the Conviction Database. To remove “deferred adjudication” records from the Conviction Database, you will need to file a petition for an order of nondisclosure. Once an order of nondisclosure has been issued, the court clerk will send a copy of the order of nondisclosure to the DPS and your “deferred adjudication” records will no longer be available in the Conviction Database.

Lastly, we would like to caution you again that the Conviction Database only contains records of “convictions” and “deferred adjudications” for cases that have been properly reported by court clerks to the DPS. In fact, the DPS maintains a more complete version of the Computerized Criminal History System that has records for all Texas arrests that have been reported to the DPS. To remove records from this non-public database, an individual must be eligible to expunge the arrest records under Texas law.

If you have questions or would like to find out more about “sealing” your criminal records or removing your records from the Texas Conviction Database, give us a telephone call at 806.475.0150.

It is important to recognize that under Texas law a “final conviction” will generally remain on your criminal record for life. Many people mistakenly believe that a Class C misdemeanor citation in Texas, such as a “Possession of Alcohol by a Minor” citation (or an “MIP violation”), will not result in a “conviction” on their record if a plea of “no contest” is entered when paying the ticket.

I cannot stress what I am about to say enough. Do not enter a plea of “no contest” and simply pay the fine because the municipal or justice court will find you “guilty,” and a “final conviction” will entered on your record! In Texas, all convictions, including “convictions” for Class C misdemeanor offenses, which are properly reported to the Texas Department of Public Safety, will likely be added to your permanent criminal record.

Entering a plea of “no contest” or plea of “guilty” on an MIP violation should always be your last option. In fact, I will never advise most clients to enter a plea of “guilty” or “no contest” to an MIP citation. This is because a “conviction” for an MIP violation (unless it is your only “conviction” under the Texas Alcoholic Beverage Code) cannot be expunged and can negatively affect your future. For instance, a “conviction” for an MIP citation can prevent you attending your desired college or graduate school, obtaining a security clearance, or getting a job in today’s competitive job market.

Thankfully, Texas law provides a better option that is available in some courts. If you were cited for an MIP violation, you may be eligible for a “deferred disposition” sentence. When an individual successfully completes her “deferral period,” the municipal or justice court will dismiss the complaint and there is “no final conviction” under Texas law.

More importantly, Texas law provides that “[r]ecords relating to a complaint dismissed” under Article 45.051(e) of the Code of Criminal Procedure may be expunged under Chapter 55 of the Texas Code of Criminal Procedure. In fact, some jurisdictions will even allow you to expunge your MIP violation immediately after the expiration of your “deferral period” and the dismissal of your criminal case.

But fortunately, even if you already have a “final conviction” for an MIP violation (or any other violation under the Texas Alcoholic Beverage Code), you may still be able to keep your criminal record “clean” through the use of a special provision found in the Texas Alcoholic Beverage Code. Section 106.12 of the Texas Alcoholic Beverage Code provides that you may expunge not more than one violation under the Texas Alcoholic Beverage Code after you turn 21 years old.

In sum, you should never just “pay the fine” on an MIP violation because a subsequent “conviction” will make you “ineligible” to expunge your records under Section 106.12 of the Texas Alcoholic Beverage Code.

If you have any questions or would like more information about keeping your minor alcohol violations off of your criminal record, give us a telephone call today at 806.475.0150.