Arrest records are public documents in Fredericksburg, Texas, pursuant to the Texas Public Information Act (Texas Government Code Chapter 552). This legislation establishes the public's right to access government records, including those pertaining to arrests made within the jurisdiction. The Texas Public Information Act operates under the presumption that all government information is available to the public, with certain statutory exceptions designed to protect privacy, security, and other compelling interests as defined in §§ 552.101-552.158.
The Fredericksburg Police Department maintains arrest records in accordance with state recordkeeping requirements. These records document law enforcement activities and are subject to public disclosure under the provisions of Texas law. Members of the public seeking access to arrest records must follow established procedures for requesting such information from the appropriate custodial agency.
Multiple methods exist for accessing arrest records in Fredericksburg, Texas. Pursuant to Texas Government Code § 552.221, governmental bodies must promptly produce public information for inspection or duplication. The following official channels are available for obtaining arrest record information:
Fredericksburg Police Department
1601 E. Main Street
Fredericksburg, TX 78624
(830) 997-7585
Police Department | Fredericksburg, TX - Official Website
Fredericksburg Municipal Court
126 W. Main Street
Fredericksburg, TX 78624
(830) 997-7521
Municipal Court | Fredericksburg, TX - Official Website
Gillespie County Clerk's Office
101 W. Main Street, Room 108
Fredericksburg, TX 78624
(830) 997-6515
Arrest records maintained by Fredericksburg law enforcement agencies typically contain standardized information as required by Texas Code of Criminal Procedure Article 2.17. These records serve as official documentation of an individual's interaction with law enforcement and generally include:
The comprehensiveness of arrest records may vary based on the nature of the offense, the arresting agency's protocols, and the stage of the criminal justice process. Records maintained by the Fredericksburg Police Department adhere to the Texas Local Government Records Act (Local Government Code Chapters 201-205), which establishes retention schedules for various categories of records.
The public's right to access arrest records in Fredericksburg is governed by a complex framework of state laws and judicial precedents. The Texas Public Information Act establishes the presumption of openness while balancing privacy concerns through specific exemptions.
Under Texas Government Code § 552.108, certain law enforcement and prosecutorial records may be withheld if release would interfere with detection, investigation, or prosecution of crime. However, basic information about an arrested person, an arrest, or a crime is expressly made public under § 552.108(c).
The Texas Attorney General has consistently ruled that basic arrest information is public, including:
Judicial records related to arrests are governed by separate rules established by the Texas Supreme Court, which generally favor public access while protecting sensitive information such as social security numbers, bank account information, and certain family data pursuant to Texas Rule of Civil Procedure 76a.
Texas Code of Criminal Procedure Chapter 55 provides the statutory framework for expungement (expunction) of arrest records in Fredericksburg. Expungement is a legal process through which an arrest record may be removed from public access under specific circumstances.
Eligibility criteria for expungement in Fredericksburg include:
The expungement process requires filing a petition in the district court in the county where the arrest occurred. Pursuant to Article 55.02 of the Texas Code of Criminal Procedure, the petition must include specific information about the arrest and the grounds for expungement.
If granted, an order of expungement directs all agencies possessing records of the arrest to either return those records to the court for destruction or to obliterate all portions of their records identifying the petitioner. Following expungement, the person may legally deny the occurrence of the arrest except when questioned under oath in a criminal proceeding.
For arrests not eligible for expungement, Texas Government Code Chapter 411 provides an alternative remedy through orders of nondisclosure, which seal records from public view while maintaining them for use by criminal justice agencies.
The Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) and Texas state law impose restrictions on how arrest records may be used, particularly in employment contexts. Under Texas Business and Commerce Code § 20.05, consumer reporting agencies are prohibited from reporting arrest records that are more than seven years old unless certain exceptions apply.
The Texas Workforce Commission advises employers to exercise caution when using arrest records for employment decisions. Pursuant to guidance from the Equal Employment Opportunity Commission, employment policies excluding individuals based solely on arrest records may violate Title VII of the Civil Rights Act if such policies disproportionately impact protected groups without business necessity justification.
Government agencies in Fredericksburg that maintain arrest records must comply with the following limitations: