Hays County Arrest Records
Are Arrest Records Public in Hays County
Arrest records in Hays County are considered public information under the Texas Public Information Act, specifically pursuant to § 552.021, which establishes that public information is available to the public during normal business hours of the governmental body. The Texas Public Information Act governs the accessibility of government records, including those related to arrests made by law enforcement agencies within Hays County.
It is important for members of the public to understand the distinction between arrest records and conviction records. An arrest record documents that an individual was taken into custody by law enforcement on suspicion of criminal activity, while a conviction record indicates that the individual was found guilty of a criminal offense through the judicial process. Under Texas law, both arrest and conviction records are generally accessible to the public, though certain exceptions may apply as outlined in § 552.101 through § 552.158 of the Texas Government Code.
The Texas Department of Public Safety Crime Records Division maintains the state's criminal history record information and establishes policies regarding the dissemination of such records. Local law enforcement agencies in Hays County, including the Sheriff's Office and municipal police departments, maintain their own arrest records which are subject to public disclosure with certain limitations to protect ongoing investigations and personal privacy in specific circumstances.
What's in Hays County Arrest Records
Hays County arrest records contain comprehensive documentation of an individual's interaction with law enforcement during and following an arrest. These records typically include the following categories of information:
Arrestee Identifying Information:
- Full legal name (including aliases or known nicknames)
- Date of birth
- Gender
- Race/ethnicity
- Physical description (height, weight, eye color, hair color)
- Identifying marks (tattoos, scars, etc.)
- Address at time of arrest
- Driver's license or state ID number
Arrest Details:
- Date and time of arrest
- Location of arrest
- Arresting agency
- Arresting officer's name and badge number
- Circumstances leading to arrest
- Whether force was used during arrest
Charge Information:
- Criminal charges filed
- Statute or ordinance citations
- Charge classification (felony or misdemeanor)
- Charge severity (degree/level)
- Description of alleged criminal activity
Warrant Information (if applicable):
- Warrant number
- Issuing court
- Date issued
- Type of warrant (arrest, bench, search)
- Judge who signed the warrant
Booking Information:
- Booking date and time
- Booking number/case number
- Fingerprints
- Mugshot photograph
- Property inventory
Bond/Bail Information:
- Bond amount
- Bond type (cash, surety, personal recognizance)
- Bond status (posted or not)
- Bond conditions
- Release date (if applicable)
Court Information:
- Court of jurisdiction
- Case number
- Scheduled court appearances
- Judge assigned to case
Custody Status:
- Current detention status
- Facility where detained
- Cell assignment (if in custody)
- Projected release date (if sentenced)
Additional Information May Include:
- Prior arrest history
- Probation/parole status at time of arrest
- Immigration status or holds
- Medical alerts or special needs while in custody
- Risk assessment scores
- Behavioral notes during detention
How To Look Up Arrest Records in Hays County in 2026
Members of the public seeking arrest records in Hays County may utilize several official channels to obtain this information. The following procedures are currently in effect for accessing arrest records:
- Submit a Public Information Request to the Hays County Sheriff's Office:
- Complete an official Public Information Request form
- Submit the request in person, by mail, or via email
- Provide specific information about the record being sought (name, date of birth, approximate date of arrest)
- Pay applicable fees for record retrieval and copying
Hays County Sheriff's Office
1307 Uhland Road
San Marcos, TX 78666
(512) 393-7800
Hays County Sheriff's Office
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Contact the Arresting Agency:
- Determine which law enforcement agency made the arrest (Sheriff's Office, San Marcos PD, Kyle PD, etc.)
- Submit a Police Open Records Request to the specific agency
- Follow the agency's established procedures for records requests
-
Visit the Hays County District Clerk's Office:
- Request criminal case records related to arrests
- Provide identifying information for the case or individual
- Pay applicable fees for document searches and copies
Hays County District Clerk
712 S. Stagecoach Trail, Suite 2211
San Marcos, TX 78666
(512) 393-7660
Hays County District Clerk
- Submit a Request to the Texas Department of Public Safety:
- Complete a Criminal History Request form
- Provide required identification and payment
- Submit the request through the DPS Public Information Request process
Pursuant to § 552.221 of the Texas Government Code, governmental bodies must promptly produce public information in response to proper requests. The law defines "promptly" as producing the information as soon as possible under the circumstances, within a reasonable time, without delay.
How To Find Hays County Arrest Records Online
Hays County provides several digital resources for accessing arrest records online. The following methods are available for electronic searches:
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Hays County Courts Records Portal:
- Visit the Hays County Courts Records online portal
- Select "Jail Records" or "Criminal Case Records" from the available options
- Enter search criteria such as name, date of birth, or case number
- Review the results for relevant arrest information
-
San Marcos Police Department Daily Blotter:
- Access the Daily Police Blotter published by the San Marcos Police Department
- Review recent arrest information for the city of San Marcos
- Note that this resource provides limited information about recent arrests only
-
Texas Department of Public Safety Criminal History Search:
- Navigate to the Criminal History Name Search portal
- Create an account if required
- Pay the required fee for a criminal history report
- Enter the subject's information to conduct a statewide search
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Hays County Sheriff's Office Inmate Search:
- Visit the Hays County Sheriff's Office website
- Locate the inmate search function
- Enter the individual's name or booking number
- View current custody status and basic arrest information
When utilizing online resources, users should be aware that some information may be restricted or redacted in accordance with privacy laws and ongoing investigation protections. Additionally, online records may not be comprehensive or immediately updated following an arrest.
How To Search Hays County Arrest Records for Free?
Members of the public have several options for accessing Hays County arrest records without incurring fees. The following methods provide free access to basic arrest information:
- Visit the Hays County Law Library:
- Access public terminals with connections to county databases
- Search for criminal case information related to arrests
- View basic case information at no cost (printing fees may apply)
Hays County Law Library
712 S. Stagecoach Trail, Suite 2211
San Marcos, TX 78666
(512) 393-7670
Hays County Law Library
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Utilize the Public Access Terminal at the District Clerk's Office:
- Visit the District Clerk's Office during regular business hours
- Request access to the public terminal
- Search for criminal cases by name or case number
- View basic case information at no cost
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Review the Daily Jail Log:
- Visit the Hays County Sheriff's Office
- Request to view the daily jail log, which lists recent arrests
- This information is available for public inspection at no charge
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Access Online Resources:
- Use the Hays County Courts Records portal for basic case information
- Check the Daily Police Blotter for recent arrest information
- Note that while basic information is free, detailed reports may require payment
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Attend Court Proceedings:
- Court proceedings are open to the public
- Check the court docket for criminal cases
- Attend arraignments or other hearings to observe proceedings related to arrests
It is important to note that while basic arrest information may be available at no cost, comprehensive criminal history reports, certified copies, and extensive record searches typically involve fees. Additionally, pursuant to § 552.261 of the Texas Government Code, governmental bodies may charge for the cost of materials, labor, and overhead when producing copies of public information.
How To Delete Arrest Records in Hays County
Under Texas law, arrest records cannot be deleted in the conventional sense, but they may be eligible for expunction (legal erasure) or sealing (restricting public access) under specific circumstances. The distinction is important: expunction completely removes the record from government files, while sealing (non-disclosure) maintains the record but restricts public access.
Expunction Eligibility:
Pursuant to Chapter 55 of the Texas Code of Criminal Procedure, specifically § 55.01, individuals may petition for expunction of arrest records if:
- They were arrested but never charged with a crime
- Charges were dismissed or quashed
- They were acquitted of the charges (found "not guilty")
- They were convicted but subsequently pardoned
- They completed certain pretrial diversion programs
- The statute of limitations has expired for an offense for which they were not prosecuted
Order of Nondisclosure Eligibility:
Under Chapter 411 of the Texas Government Code, specifically § 411.081, individuals may petition for an order of nondisclosure (sealing) if:
- They successfully completed deferred adjudication community supervision
- They meet specific waiting period requirements based on offense type
- They have not been convicted of or placed on deferred adjudication for certain disqualifying offenses
- The offense was not a violent crime or certain other excluded offenses
Process for Expunction or Sealing:
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Determine Eligibility:
- Consult with an attorney to determine if the arrest record qualifies
- Review the specific statutory requirements under § 55.01 or § 411.081
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File a Petition:
- Prepare and file a Petition for Expunction or Petition for Nondisclosure
- File in the district court in Hays County
- Pay the required filing fee (approximately $200-$300)
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Serve Notice:
- Provide copies of the petition to all agencies that may have records
- This typically includes the arresting agency, jail, prosecutor's office, and Texas DPS
-
Attend Hearing:
- If a hearing is scheduled, appear before the judge
- Present evidence supporting eligibility for expunction or nondisclosure
-
Obtain Order:
- If granted, obtain signed order from the court
- Distribute the order to all agencies holding records
Hays County District Court
712 S. Stagecoach Trail
San Marcos, TX 78666
(512) 393-7700
Hays County District Courts
It is strongly recommended that individuals seeking expunction or nondisclosure consult with an attorney experienced in criminal record clearing, as the process is complex and technical errors can result in denial of the petition.
What Happens After Arrest in Hays County?
Following an arrest in Hays County, individuals enter a structured criminal justice process that includes several key stages:
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Booking and Processing:
- The arrestee is transported to the Hays County Jail
- Personal information is recorded
- Fingerprints and photographs (mugshots) are taken
- Personal property is inventoried and secured
- Medical screening is conducted
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Magistration:
- Within 48 hours of arrest, the individual appears before a magistrate
- Constitutional rights are explained
- Charges are formally read
- Bail/bond amount is set (if eligible)
- Indigent defense counsel may be appointed if the individual qualifies
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Bail/Bond Determination:
- Cash bail may be posted directly with the court
- Surety bond may be arranged through a licensed bondsman
- Personal recognizance bond may be granted in certain cases
- Pretrial release conditions may be imposed
-
Formal Charging:
- For misdemeanors: Information filed by the County Attorney
- For felonies: Case presented to grand jury for potential indictment
- Charges may be modified, reduced, or dismissed at this stage
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Arraignment:
- Formal reading of charges in court
- Defendant enters a plea (guilty, not guilty, no contest)
- Trial date may be set
- Discovery process begins
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Pretrial Proceedings:
- Pretrial hearings address legal issues
- Motions may be filed (suppression of evidence, dismissal, etc.)
- Plea negotiations may occur
- Pretrial diversion programs may be offered in eligible cases
-
Trial:
- Jury selection (if jury trial requested)
- Presentation of evidence by prosecution and defense
- Jury deliberation or judge's decision in bench trials
- Verdict rendered (guilty or not guilty)
-
Sentencing (if convicted):
- Pre-sentence investigation may be conducted
- Victim impact statements may be presented
- Judge imposes sentence (may include incarceration, probation, fines)
- Post-conviction remedies explained
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Post-Conviction:
- Appeal rights may be exercised
- Probation supervision if applicable
- Incarceration in county jail or transfer to state prison
- Payment of fines and restitution
Throughout this process, all actions are documented in the individual's case file, which becomes part of the public record accessible through the methods previously described, subject to any applicable restrictions.
How Long Are Arrest Records Kept in Hays County?
Arrest records in Hays County are maintained according to the Texas State Library and Archives Commission Records Retention Schedule, specifically Local Schedule PS (Public Safety Records). Under this schedule, law enforcement agencies must retain arrest records for specific periods based on the type of record and outcome of the case.
The primary retention requirements include:
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Arrest Reports and Booking Information:
- Felony cases: 75 years from date of arrest
- Misdemeanor Class A and B cases: 20 years from date of arrest
- Misdemeanor Class C cases: 5 years from date of arrest
- Cases not prosecuted: 5 years from date of arrest
-
Fingerprint and Photograph Records:
- Adult offenders: 75 years from date of arrest
- Juvenile offenders: Until the individual reaches age 18 or when juvenile jurisdiction ends
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Jail Records:
- Inmate confinement records: 5 years after release or transfer
- Jail incident reports: 5 years
- Visitor logs: 3 years
-
Court Records Related to Arrests:
- Felony case records: Permanent
- Misdemeanor case records: Permanent for Class A and B; 5 years for Class C
These retention periods are mandated by state law under § 441.158 of the Texas Government Code, which authorizes the Texas State Library and Archives Commission to issue records retention schedules that must be followed by local governments, including county law enforcement agencies.
Different agencies within Hays County may have varying retention requirements based on their function. For example, the Sheriff's Office maintains arrest records according to law enforcement schedules, while the District and County Clerks maintain court records according to judicial records schedules.
The extended retention of these records serves multiple purposes, including:
- Preserving evidence for potential future legal proceedings
- Maintaining documentation for background checks and security clearances
- Supporting law enforcement investigations of related crimes
- Ensuring accountability and transparency in the criminal justice system
- Providing historical documentation for statistical and research purposes
How to Find Mugshots in Hays County
What Mugshots Are
Mugshots are official photographs taken during the booking process following an arrest. These photographs typically include frontal and profile (side) views of the arrested individual and are used for identification purposes within the criminal justice system. In Hays County, mugshots are created as part of the standard booking procedure at the Hays County Jail.
Where Mugshots Are Maintained
Mugshots in Hays County are primarily maintained by:
- The Hays County Sheriff's Office as part of booking records
- The Texas Department of Public Safety in the statewide criminal history database
- Local police departments that made the arrest (if booking was conducted at their facility)
Finding Mugshots
To locate mugshots in Hays County, individuals may:
- Submit a Public Information Request:
- File a formal request with the Hays County Sheriff's Office
- Specify the individual's name and date of arrest
- Complete required forms and pay applicable fees
Hays County Sheriff's Office Records Division
1307 Uhland Road
San Marcos, TX 78666
(512) 393-7800
Hays County Sheriff's Office
- Request Criminal History Information:
- Submit a request to the Texas Department of Public Safety for criminal history records
- Pay required fees for record retrieval
- Provide proper identification and authorization
Can Mugshots Be Found Online
Some mugshots may be available through:
- The Hays County inmate search function on the Sheriff's Office website
- Third-party websites that aggregate public records (these are not official sources)
- Media outlets that may publish mugshots related to newsworthy arrests
It is important to note that online availability of mugshots varies and may not be comprehensive or current.
Obtaining Mugshots Officially
For official copies of mugshots, individuals should:
- Submit a Public Information Request citing the Texas Public Information Act
- Provide specific details about the record being sought
- Be prepared to pay reproduction fees as authorized under § 552.261 of the Texas Government Code
Restrictions on Mugshot Access
Access to mugshots may be restricted in certain circumstances:
- If the record has been expunged or sealed by court order
- If the individual was a juvenile at the time of arrest
- If release would interfere with an ongoing investigation
- If the arrest record is subject to other statutory exceptions under the Texas Public Information Act
Individuals seeking mugshots should be aware that while these images are generally considered public records, their use and distribution may be subject to legal limitations, particularly for commercial purposes.