Arrest records are public information in Aubrey, Texas, pursuant to the Texas Public Information Act (Texas Government Code Chapter 552). This legislation establishes that records maintained by governmental bodies, including law enforcement agencies, shall be accessible to the public with certain statutory exceptions. The Texas Public Information Act serves to promote governmental transparency and accountability by ensuring citizens have access to information regarding the activities of public agencies, including arrests made by the Aubrey Police Department.
Members of the public should be aware that while arrest records are generally available, certain information may be redacted or withheld in accordance with privacy protections established under Texas law. Such exceptions may include information related to ongoing investigations, juvenile records, or data protected by other state or federal statutes. The determination regarding which information may be withheld is made by the custodian of records in accordance with applicable laws and regulations.
The City of Aubrey provides multiple channels through which members of the public may access arrest records. Individuals seeking arrest record information may utilize the following methods:
When submitting a request for arrest records, requestors must provide sufficient information to identify the specific records sought, including the full name of the individual, approximate date of arrest, and any other identifying information that may assist in locating the relevant records. Pursuant to Texas Government Code § 552.221, the city must promptly produce public information in response to an application.
Aubrey Police Department
301 S. Main Street
Aubrey, TX 76227
940-365-2601
Police Department Official Website
Arrest records maintained by the Aubrey Police Department typically contain comprehensive documentation of an individual's interaction with law enforcement during and following an arrest. Standard arrest records include the following components:
It should be noted that pursuant to Texas Code of Criminal Procedure Art. 62.005, if the arrest pertains to a registrable sex offense, additional information may be included in accordance with sex offender registration requirements. Furthermore, in compliance with Texas Government Code § 552.108, certain investigative information may be redacted from publicly available arrest records if release would interfere with detection, investigation, or prosecution of crime.
Under Texas law, individuals may petition for the expungement (expunction) of arrest records under specific circumstances as provided in Chapter 55 of the Texas Code of Criminal Procedure. Expungement is a legal process that, when granted, removes arrest records from public access and allows the individual to legally deny the occurrence of the arrest in most circumstances.
Eligibility criteria for expungement in Aubrey include:
The expungement process requires filing a Petition for Expunction with the district court in Denton County. The petition must include specific information as required by Article 55.02 of the Texas Code of Criminal Procedure, including all agencies believed to possess records or files subject to expunction. Upon receipt of a properly filed petition, the court will schedule a hearing, typically no earlier than 30 days from filing, to determine whether the petitioner is entitled to expungement.
If granted, the court will issue an Order of Expunction directing all agencies maintaining records of the arrest to destroy or return all files and references to the arrest. Following expungement, the arrest is deemed never to have occurred, and the individual may deny the existence of the arrest without being in violation of law, with limited exceptions for certain licensing agencies and law enforcement purposes.
Denton County District Clerk
1450 E. McKinney Street, Suite 1200
Denton, TX 76209
940-349-2200
The Texas Public Information Act establishes certain limitations on public access to arrest records maintained by the Aubrey Police Department. These limitations serve to balance the public's right to information with individual privacy interests and law enforcement operational needs.
Statutory exceptions to disclosure include:
Additionally, the Aubrey Police Department may withhold certain information if disclosure would interfere with the detection, investigation, or prosecution of crime. In such instances, the department must cite the specific exception and seek an Attorney General's opinion if the requestor challenges the withholding of information.
Individuals seeking access to arrest records should be aware that processing times may vary based on the volume of requests and complexity of the search required. The Aubrey Police Department may assess reasonable fees for copying and labor costs associated with fulfilling records requests in accordance with Texas Government Code § 552.261.
Juvenile arrest records in Aubrey are subject to heightened confidentiality protections under Texas Family Code Chapter 58. Records pertaining to individuals under 17 years of age at the time of the alleged offense are generally not available for public inspection. The Texas Legislature has established these protections to prevent the stigmatization of youthful offenders and to facilitate rehabilitation.
Access to juvenile records is restricted to:
The sealing of juvenile records may occur automatically or through petition, depending on the nature of the offense and the juvenile's subsequent conduct. Once sealed, these records are removed from public access and may only be accessed through court order. In certain circumstances, juvenile records may be eligible for permanent destruction.
The Aubrey Police Department maintains juvenile records separately from adult arrest records and implements specific protocols to ensure compliance with confidentiality requirements established under Texas law.