Arrest records are public in Baytown, Texas, pursuant to the Texas Public Information Act (Texas Government Code Chapter 552). This legislation establishes the presumption that all government information is available to the public, including arrest records maintained by law enforcement agencies within Baytown's jurisdiction. The Act implements the public's right to access government records while safeguarding certain information from disclosure as specified by statutory exceptions. Under Texas Government Code § 552.021, public information is available to the public during normal business hours of the governmental body.
Members of the public seeking arrest records should be aware that certain information may be redacted or withheld in accordance with exceptions provided in Texas Government Code § 552.101 through § 552.158. These exceptions protect information such as ongoing criminal investigations, juvenile records, and certain personal identifying information. The custodian of records must cite the specific exception when withholding information from public disclosure.
The City of Baytown provides multiple channels through which members of the public may access arrest records. Individuals seeking arrest information may utilize the following official methods:
Baytown Police Department
3200 North Main Street
Baytown, TX 77521
Phone: (281) 422-8371
Baytown Police Department
Harris County District Clerk
201 Caroline Street
Houston, TX 77002
Phone: (832) 927-5800
Harris County District Clerk
Online Records Request Portal: The City of Baytown maintains an Open Records Request system through which citizens may submit formal requests for public information, including arrest records.
Baytown Municipal Court: For records related to arrests for municipal violations, inquiries should be directed to the Municipal Court.
Baytown Municipal Court
3120 North Main Street
Baytown, TX 77521
Phone: (281) 427-9511
Baytown Municipal Court
Pursuant to Texas Government Code § 552.221, the governmental body shall promptly produce public information for inspection, duplication, or both, in the offices of the governmental body upon request by any person for public information.
Arrest records maintained by the Baytown Police Department and other law enforcement agencies within the jurisdiction typically contain standardized information as required by Texas Code of Criminal Procedure Article 2.17. Standard arrest records include:
The Texas Local Government Code § 552.108 provides that certain information within arrest records 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 prior to public disclosure.
Under Texas Code of Criminal Procedure Chapter 55, individuals may petition for expungement (expunction) of arrest records maintained by agencies within Baytown under specific circumstances. Expungement legally removes arrest information from public records and, when granted, permits the individual to deny the occurrence of the arrest except in certain limited circumstances.
Eligibility criteria for expungement in Baytown include:
The expungement process requires filing a Petition for Expunction with the district court in Harris 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 expungement is granted, the court will issue an Order of Expunction directing all agencies maintaining records of the arrest to destroy or return all records and files related to the arrest. These agencies include the Baytown Police Department, Harris County Sheriff's Office, Texas Department of Public Safety, and any other entity that may possess records of the arrest.
Individuals seeking expungement are advised that the process involves complex legal requirements. The filing fee for an expungement petition in Harris County is approximately $255, though this amount is subject to change. Additional fees may apply for service of process to all agencies holding records.
For individuals who do not qualify for expungement, Texas Government Code Chapter 411 provides an alternative remedy through Orders of Nondisclosure. This process seals criminal records from public view while maintaining them for use by law enforcement and certain governmental agencies.
Eligibility for an Order of Nondisclosure generally requires:
The petition must be filed with the court that placed the individual on deferred adjudication. If granted, the Order of Nondisclosure prohibits criminal justice agencies from disclosing the criminal record information to the public, including potential employers and housing authorities.
Certain offenses are ineligible for nondisclosure, including most violent crimes, offenses requiring sex offender registration, and family violence offenses. The waiting period before filing varies from immediate eligibility to five years depending on the offense classification.
The use of arrest record information in Baytown is subject to various state and federal regulations. The Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) restricts how consumer reporting agencies may report arrest records, generally prohibiting the reporting of arrest records older than seven years unless certain exceptions apply.
Texas Labor Code § 21.002 prohibits employers from considering arrests that did not result in conviction when making employment decisions. Additionally, Texas Occupations Code § 53.021 limits the use of criminal history information for occupational licensing purposes to convictions directly related to the duties and responsibilities of the licensed occupation.
Public and private entities accessing arrest records should be aware that improper use of such information may result in civil liability under various state and federal laws protecting privacy and prohibiting discrimination.