Arrest records are public information in Gainesville, Texas, pursuant to the Texas Public Information Act (Texas Government Code Chapter 552). This legislation establishes that information collected, assembled, or maintained by or for governmental entities is available to the public, with specific exceptions for confidentiality and privacy concerns. The Texas Public Information Act operates under the premise that government records should be accessible to citizens to ensure transparency in governmental operations.
Members of the public seeking arrest records should be aware that certain information may be redacted in accordance with Texas Government Code § 552.108, which provides exemptions for law enforcement records that could interfere with detection, investigation, or prosecution of crime. Additionally, information related to juveniles or victims of certain crimes may be restricted under Texas Family Code § 58.007 and Texas Code of Criminal Procedure Article 57.02, respectively.
The Gainesville Police Department maintains these records and processes requests in accordance with state law. Requestors should note that while arrest records are generally public, the release of specific details may be subject to review by the department's records custodian to ensure compliance with applicable privacy statutes.
The Gainesville Police Department provides multiple channels through which members of the public may access arrest records. Individuals seeking such information may utilize any of the following methods:
For in-person requests, individuals should visit:
Gainesville Police Department
201 Santa Fe Street
Gainesville, TX 76240
Phone: (940) 668-7777
Gainesville Police Department Official Website
Operating hours for the Records Division are Monday through Friday, 8:00 AM to 5:00 PM, excluding holidays.
For court-related records, requestors may contact:
Gainesville Municipal Court
200 South Rusk Street
Gainesville, TX 76240
Phone: (940) 668-4500
Gainesville Municipal Court Information
Pursuant to Texas Government Code § 552.221, the Gainesville Police Department must promptly produce public information in response to an application. "Promptly" means as soon as possible under the circumstances, within a reasonable time, without delay. The department typically processes requests within 10 business days, though complex requests may require additional time.
Requestors should be prepared to provide specific information to facilitate the search, including the full name of the individual, approximate date of arrest, and any other identifying information that may assist in locating the correct records.
Arrest records maintained by the Gainesville Police Department contain comprehensive documentation of an individual's interaction with law enforcement. Standard arrest records include the following components:
In accordance with Texas Code of Criminal Procedure Article 15.26, arresting officers are required to document the execution of arrest warrants, including the date and time of arrest. This information becomes part of the official arrest record.
The Texas Local Government Records Act (Texas Local Government Code § 201.001 et seq.) mandates that these records be maintained according to established retention schedules. For arrest records, the minimum retention period is typically 75 years from the date of arrest or until the death of the individual, whichever occurs earlier.
The State of Texas provides legal mechanisms through which eligible individuals may petition for the expungement of arrest records in Gainesville. Expungement, governed by Chapter 55 of the Texas Code of Criminal Procedure, allows for the complete removal of arrest records from public access under specific qualifying circumstances.
Eligibility criteria for expungement in Gainesville include:
The expungement process requires filing a Petition for Expunction with the district court in Cooke County. Pursuant to Texas Code of Criminal Procedure Article 55.02, the petition must include specific information about the arrest and the grounds for expungement. Upon receipt of a properly filed petition, the court will schedule a hearing to determine eligibility.
If granted, an Order of Expunction directs all agencies maintaining records of the arrest to destroy or return all documentation to the court. Following successful expungement, the individual may legally deny the occurrence of the arrest except when questioned under oath in a criminal proceeding.
For arrests that do not qualify for expungement, individuals may pursue an Order of Nondisclosure under Texas Government Code § 411.081, which seals records from public view while maintaining them for law enforcement purposes.
Individuals seeking expungement are advised that the process involves complex legal requirements. The Cooke County District Clerk's Office can provide the necessary forms, but cannot offer legal advice regarding eligibility or procedure.
Cooke County District Clerk
101 South Dixon Street, Room 207
Gainesville, TX 76240
Phone: (940) 668-5450
City of Gainesville Official Website