Arrest records are public in Rosenberg, Texas, pursuant to the Texas Public Information Act (Texas Government Code Chapter 552). This legislation establishes that information collected, assembled, or maintained by governmental bodies is available to the public, with certain statutory exceptions. The Rosenberg Police Department maintains these records as part of their official duties, and members of the public may access them through established procedures. The transparency of arrest records serves the public interest by ensuring accountability of law enforcement agencies and maintaining the integrity of the criminal justice system in Fort Bend County.
The Texas Public Information Act specifically designates arrest records as public information under § 552.021, which states that public information is available to the public during normal business hours of the governmental body. Exceptions to disclosure may apply in cases involving ongoing investigations, juvenile records, or when release would interfere with the detection, investigation, or prosecution of crime as outlined in § 552.108.
The Rosenberg Police Department provides multiple methods for obtaining arrest records. Members of the public seeking such information may utilize the following procedures:
In-Person Requests: Individuals may submit requests at the Rosenberg Police Department Records Division located at 2120 4th Street, Rosenberg, TX 77471. The public counter is open Monday through Friday from 8:00 AM to 5:00 PM, excluding holidays. Proper identification is required when requesting records in person.
Online Requests: The Rosenberg Police Department Records Request portal allows for electronic submission of public information requests. Users must provide specific information about the record being sought, including names, dates, and case numbers when available.
Written Requests: Written requests may be submitted via mail to: Records Division, Rosenberg Police Department, 2120 4th Street, Rosenberg, TX 77471. All written requests must include the requestor's contact information and specific details about the records being sought.
Email Requests: Public information requests may be submitted via email to the designated records custodian. The request must clearly state that it is being made under the Texas Public Information Act.
Pursuant to Texas Government Code § 552.221, the Records Division 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.
Standard arrest records maintained by the Rosenberg Police Department contain the following information as prescribed by Texas Code of Criminal Procedure Article 66.102:
It should be noted that certain information may be redacted from public arrest records in accordance with Texas Government Code § 552.130, § 552.136, and § 552.147, which protect personal identifying information such as driver's license numbers, social security numbers, and certain medical information.
The legal foundation for public access to arrest records in Rosenberg is established through multiple statutory provisions:
Texas Public Information Act (Texas Government Code Chapter 552) establishes the presumption that all government information is available to the public, with certain exceptions.
Texas Code of Criminal Procedure Article 66.102 mandates the collection and maintenance of criminal history record information by law enforcement agencies.
Texas Local Government Code § 552.001 affirms that it is the policy of this state that each person is entitled to complete information about the affairs of government and the official acts of public officials and employees.
The Rosenberg Police Department, as the custodian of arrest records, must comply with these statutes when processing requests. Fees for copies of records are established pursuant to Texas Administrative Code Title 1, Part 3, Chapter 70, and may include charges for labor, overhead, and materials as authorized by law.
Not all arrest records are available for public inspection. The following restrictions apply to arrest records in Rosenberg:
Records pertaining to juveniles (under 17 years of age) are generally confidential under Texas Family Code § 58.007.
Records related to ongoing investigations may be withheld temporarily under Texas Government Code § 552.108.
Expunged or sealed records are not available to the public pursuant to Texas Code of Criminal Procedure Chapter 55.
Records involving victims of sexual assault, family violence, stalking, or trafficking may have personal information redacted under Texas Government Code § 552.138.
Information that would interfere with the detection, investigation, or prosecution of crime may be withheld temporarily under Texas Government Code § 552.108(a)(1).
The Rosenberg Police Department is required to seek a determination from the Texas Attorney General's Office when withholding information under these exceptions, unless the exception has been previously established as mandatory.
Under Texas law, certain individuals may be eligible to have their arrest records expunged or sealed from public view. The process is governed by Chapter 55 of the Texas Code of Criminal Procedure and requires filing a petition with the district court in Fort Bend County.
Eligibility criteria for expungement in Rosenberg include:
The expungement process requires filing a Petition for Expunction with the Fort Bend County District Clerk's Office located at 301 Jackson Street, Richmond, TX 77469. A filing fee is required, and a hearing will be scheduled before a district judge. If granted, an Order of Expunction will be issued directing all agencies holding records of the arrest to destroy or return those records to the court.
Alternatively, individuals who do not qualify for expungement may be eligible for an order of nondisclosure under Texas Government Code Chapter 411, which seals records from public view but allows access by law enforcement and certain government agencies.