Arrest records are public in Bastrop, Texas, pursuant to the Texas Public Information Act (Texas Government Code Chapter 552). This legislation establishes the public's right to access information maintained by governmental bodies throughout the state. The Act operates under the principle that government information is presumed to be available to the public, with certain statutory exceptions. Arrest records maintained by the Bastrop Police Department and Bastrop County Sheriff's Office typically contain identifying information about arrested individuals, charges filed, and other pertinent law enforcement data.
Members of the public seeking arrest records should be aware that while these documents are generally accessible, certain information may be redacted in accordance with Texas Government Code § 552.108, which provides exceptions for law enforcement and prosecution information. Additionally, records pertaining to juveniles or ongoing investigations may have restricted access as stipulated by Texas Family Code § 58.007.
The Bastrop County criminal justice system provides multiple channels through which members of the public may access arrest records:
In-Person Requests: Individuals may visit the Bastrop Police Department located at 1311 Chestnut Street, Bastrop, Texas 78602, during regular business hours (Monday through Friday, 8:00 AM to 5:00 PM) to submit a records request. Proper identification is required, and applicable fees may apply in accordance with Texas Government Code § 552.261.
Online Resources: The Bastrop County Sheriff's Office maintains a digital database of recent arrests and inmate information. This resource is updated regularly and provides basic arrest information to the public.
Bastrop Municipal Court: Records related to arrests for municipal violations may be obtained through the Bastrop Municipal Court located at 104 Grady Tuck Lane, Bastrop, TX 78602. The court operates Monday through Thursday from 8:00 AM to 4:00 PM and Fridays from 8:00 AM to 12:00 PM.
Written Requests: Pursuant to Texas Government Code § 552.301, citizens may submit written requests for arrest records to the appropriate records custodian. Requests should include specific information to identify the desired records, such as the individual's full name, date of birth, and approximate date of arrest.
Third-Party Services: Commercial background check services aggregate public records, including arrests, from multiple jurisdictions. Users should verify the accuracy and currency of information obtained through these services.
Arrest records maintained by Bastrop law enforcement agencies typically contain the following categories of information as prescribed by Texas Code of Criminal Procedure Article 66.102:
Biographical Information: Full legal name of the arrested individual, known aliases, date of birth, age at time of arrest, gender, race, and nationality
Physical Descriptors: Height, weight, eye and hair color, identifying marks such as tattoos or scars, and other distinguishing physical characteristics
Arrest Details: Date and time of arrest, location where the arrest occurred, arresting agency, name and badge number of arresting officer(s), and the legal authority under which the arrest was made
Criminal Charges: Specific offenses charged, including statute numbers and offense classification (misdemeanor or felony), and case numbers assigned by the court
Booking Information: Mugshot photographs taken during processing, fingerprint records, and property inventory
Custody Status: Information regarding bail or bond amounts, release conditions, or detention status
Court Information: Scheduled court appearances, assigned court, and preliminary hearing dates
It should be noted that pursuant to Texas Government Code § 552.108, certain information may be withheld if release would interfere with detection, investigation, or prosecution of crime. Additionally, information related to victims, witnesses, or confidential informants may be redacted to protect their privacy and safety.
The State of Texas provides legal mechanisms for the expungement (expunction) of arrest records under specific circumstances as outlined in Texas Code of Criminal Procedure Chapter 55. Individuals who meet statutory requirements may petition for expungement, which, when granted, results in the legal destruction of all records and files related to the arrest.
Eligibility criteria for expungement in Bastrop County include:
The expungement process requires filing a Petition for Expunction with the Bastrop Municipal Court or Bastrop County District Court, depending on the jurisdiction of the original case. Petitioners must provide detailed information about the arrest and subsequent proceedings as required by Texas Code of Criminal Procedure § 55.02.
Upon receipt of an expungement order signed by a judge, all agencies maintaining records of the arrest—including the Bastrop Police Department, Bastrop County Sheriff's Office, Texas Department of Public Safety, and Federal Bureau of Investigation—are legally mandated to destroy all documentation related to the expunged arrest.
Individuals with expunged records may legally deny the occurrence of the arrest in most circumstances, including on employment applications, pursuant to Texas Code of Criminal Procedure § 55.03. However, certain exceptions exist for specialized employment sectors such as law enforcement and judiciary.
For individuals who do not qualify for expungement, Texas Government Code Chapter 411 provides an alternative remedy through Orders of Nondisclosure. This legal mechanism seals criminal records from public view while maintaining them for access by law enforcement and certain governmental entities.
Eligibility for an Order of Nondisclosure typically requires:
The Bastrop Municipal Court processes applications for Orders of Nondisclosure for qualifying municipal offenses. Applicants must file a Petition for Nondisclosure and pay the requisite filing fee, which is currently $280 as established by Texas Government Code § 411.0745.
Upon issuance of an Order of Nondisclosure, criminal justice agencies are prohibited from disclosing the existence of the record to the public. However, these records remain accessible to criminal justice agencies, licensing authorities, and certain government entities as enumerated in Texas Government Code § 411.0765.
Arrest records in Bastrop County carry significant legal implications for affected individuals. These records, even without subsequent conviction, may impact:
Texas Occupations Code § 53.021 permits licensing authorities to consider arrests, even without conviction, when evaluating an applicant's fitness for licensure in certain professions. However, Texas Labor Code § 21.051 prohibits employers from making adverse employment decisions based solely on arrest records that did not result in conviction.
Individuals concerned about the impact of arrest records should consult with legal counsel regarding their specific circumstances. The Bastrop County Law Library, located at 804 Pecan Street, Bastrop, TX 78602, provides public access to legal resources for self-represented litigants.