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San Marcos Arrest Records

Are Arrest Records Public in San Marcos, Texas?

Arrest records are public in San Marcos, Texas, pursuant to the Texas Public Information Act (Texas Government Code Chapter 552). This legislation establishes that government records, including those pertaining to arrests, shall be accessible to members of the public unless specifically exempted by law. The Texas Public Information Act serves to promote governmental transparency and accountability by ensuring citizens have the right to access information about law enforcement activities within their communities.

The San Marcos Police Department maintains arrest records as part of its official documentation of law enforcement activities. Under Texas Government Code § 552.021, these records are presumed to be open to the public unless they fall under specific statutory exceptions. Certain sensitive information within arrest records may be redacted in accordance with privacy protections outlined in § 552.130-138, which cover confidential personal information such as social security numbers, driver's license numbers, and information related to juveniles.

How to Look Up San Marcos Arrest Records in 2025

Members of the public seeking San Marcos arrest records may utilize several methods to obtain this information. The City of San Marcos has implemented multiple access points to facilitate public record retrieval:

Online Public Portal: The San Marcos Police Department maintains a digital database through which citizens may search arrest records using the Police Open Records Request system. Users must provide specific information such as the name of the arrested individual, approximate date of arrest, or case number to facilitate the search process.
In-Person Requests: Individuals may submit requests in person at the Records Division of the San Marcos Police Department.

San Marcos Police Department
2300 S. Interstate 35
San Marcos, TX 78666
(512) 753-2100
Official Website
Hours: Monday-Friday, 8:00 AM - 5:00 PM
Hays County Courthouse: Court records related to arrests may be accessed through the District Clerk's Office.

Hays County District Clerk
712 S. Stagecoach Trail, Suite 2211
San Marcos, TX 78666
(512) 393-7660
Hours: Monday-Friday, 8:00 AM - 5:00 PM
Citizen Connect Platform: The San Marcos Police Department, in collaboration with the Hays County Sheriff's Office, provides access to crime data through an online resource that allows residents to view incident and arrest information across jurisdictions.

Pursuant to Texas Government Code § 552.221, governmental bodies must promptly produce public information in response to proper requests. The standard timeframe for response is within 10 business days, though complex requests may require additional time.

Contents of a San Marcos Arrest Record

San Marcos arrest records typically contain comprehensive documentation of an individual's interaction with law enforcement. These records are maintained in accordance with Texas Code of Criminal Procedure Article 66.102 and include the following standard elements:

Full legal name of the arrested individual and any documented aliases
Demographic information including date of birth, gender, and physical descriptors
Date, time, and specific location of the arrest
Detailed description of the alleged offense(s) and corresponding Texas Penal Code sections
Name and badge number of the arresting officer(s)
Agency responsible for the arrest (San Marcos Police Department, Hays County Sheriff's Office, etc.)
Booking information including mugshot photographs and fingerprint records
Custody status and bail/bond information if applicable
Case disposition if available (pending, dismissed, convicted)

The Texas Local Government Records Act (Texas Local Government Code § 201.001 et seq.) requires the San Marcos Police Department to maintain these records according to established retention schedules. Most arrest records are retained permanently or for extended periods as specified by the Texas State Library and Archives Commission.

Legal Framework for Accessing Arrest Records

The legal foundation for public access to arrest records in San Marcos is established through multiple statutory provisions. The Texas Public Information Act codifies the public's right to government information while balancing privacy concerns:

Texas Government Code § 552.021 establishes the general right of access to government records
Texas Government Code § 552.108 provides limited law enforcement exceptions for ongoing investigations
Texas Code of Criminal Procedure Article 62.005 mandates public access to certain sex offender registration information
Texas Family Code § 58.007 restricts access to juvenile records

The City of San Marcos Public Information Requests process adheres to these statutory requirements. Governmental bodies may charge reasonable fees for copies of public records as authorized by Texas Government Code § 552.261, though examination of records in person is typically available without charge.

Requestors should note that certain information within arrest records may be redacted in accordance with privacy protections. The San Marcos Police Department is required to seek an Attorney General's opinion when withholding information under claimed exceptions, pursuant to Texas Government Code § 552.301.

Expungement of Arrest Records in San Marcos

Under Texas law, eligible individuals may petition for the expungement (expunction) of arrest records in San Marcos. Expungement effectively removes records from public access and official use. The process is governed by Chapter 55 of the Texas Code of Criminal Procedure.

Eligibility criteria for expungement in San Marcos include:

Arrests that did not result in formal charges
Charges that were dismissed or quashed
Acquittals by trial or appellate courts
Pardons based on actual innocence
Completion of certain pretrial diversion programs
Arrests for certain misdemeanors committed by minors

The expungement process requires filing a petition with the district court in Hays County. Petitioners must provide detailed information about the arrest and subsequent proceedings as specified in Texas Code of Criminal Procedure Article 55.02. Upon approval, an order of expunction directs all agencies maintaining records to destroy or return all documentation related to the arrest.

The San Marcos Municipal Court can provide guidance on expungement procedures for cases within its jurisdiction. For more serious offenses, petitioners may need to consult with the Hays County District Court.

San Marcos Municipal Court
712 S. Stagecoach Trail
San Marcos, TX 78666
(512) 393-8190
Hours: Monday-Friday, 8:00 AM - 5:00 PM

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 while maintaining them for law enforcement purposes.

Limitations on Arrest Record Access

While arrest records in San Marcos are generally public, several statutory limitations restrict access to certain information. These limitations serve to protect privacy interests and the integrity of the criminal justice system:

Records pertaining to juveniles (under 17 years of age) are subject to restricted access under Texas Family Code § 58.007
Information related to victims of sexual assault or family violence is protected under Texas Government Code § 552.138
Medical and mental health information contained within arrest records is confidential pursuant to Texas Government Code § 552.101
Ongoing investigations may be temporarily exempt from disclosure under Texas Government Code § 552.108
Information that would interfere with the detection, investigation, or prosecution of crime may be withheld

The San Marcos Police Department is required to implement procedures that protect confidential information while facilitating public access to non-exempt portions of arrest records. Redaction of protected information is standard practice when providing copies of arrest records to the public.