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Athens Arrest Records

Are Arrest Records Public in Athens, Texas?

Arrest records are public documents in Athens, Texas, pursuant to the Texas Public Information Act (Texas Government Code Chapter 552). This legislation establishes the fundamental right of citizens to access government-held information, including arrest records maintained by law enforcement agencies. The Act operates under the principle that government transparency serves the public interest and promotes accountability within the criminal justice system.

The Texas Public Information Act specifically designates arrest records as public information unless they fall under specific statutory exemptions. These exemptions may include records pertaining to ongoing investigations, juvenile offenders, or cases where disclosure might compromise public safety. Absent such exemptions, members of the public maintain the legal right to request and obtain arrest record information from the appropriate Athens authorities.

The Athens Police Department maintains these records in accordance with state retention schedules established by the Texas State Library and Archives Commission. Records are typically preserved for a minimum period as prescribed by law, ensuring their availability for public inspection during this timeframe.

How to Look Up Athens Arrest Records in 2025

Multiple official channels exist through which members of the public may access arrest records in Athens, Texas. The following methods are available to requestors seeking this information:

Athens Police Department Records Division
921 S. Palestine Street
Athens, TX 75751
Phone: (903) 675-5454
Athens Police Records Division

The Records Division processes public information requests during regular business hours, Monday through Friday, 8:00 a.m. to 5:00 p.m. Requestors must complete a Public Information Request form, which may be submitted in person, by mail, or electronically. Pursuant to Texas Government Code § 552.221, the department must promptly produce public information for inspection or duplication upon request.

Henderson County Clerk's Office
100 E. Tyler Street, Room 207
Athens, TX 75751
Phone: (903) 675-6140

The County Clerk maintains court records related to criminal cases, including information about arrests. Requestors may visit during regular business hours to conduct searches using public access terminals or submit written requests for specific records.

Online Access Options
The Athens Municipal Court provides limited online access to violation information through their Municipal Online Services portal. This system allows searches for citation and case information but may not include comprehensive arrest details. For complete arrest records, direct contact with the Athens Police Department or Henderson County offices remains necessary.

Fees for record retrieval are established in accordance with Texas Administrative Code Title 1, Part 3, Chapter 70. Standard charges include $0.10 per page for standard copies and labor charges for requests requiring extensive research or redaction.

Contents of an Athens Arrest Record

Athens arrest records contain standardized information as mandated by Texas Code of Criminal Procedure Article 66.102. These official documents typically include the following elements:

  • Subject identification information:

    • Full legal name and any documented aliases
    • Date of birth
    • Physical descriptors (height, weight, identifying marks)
    • Residential address at time of arrest
    • State identification number and/or FBI number when applicable
  • Arrest details:

    • Date, time, and location of apprehension
    • Arresting agency and officer identification
    • Booking number and processing information
    • Statutory charges filed with corresponding penal code citations
    • Arrest circumstances summary
  • Case processing information:

    • Magistration details
    • Bond/bail amount and conditions
    • Court assignment
    • Scheduled appearance dates
    • Case disposition (if resolved)
  • Biometric data:

    • Fingerprint classifications
    • Booking photograph (mugshot)
  • Prior criminal history references (if applicable)

The Athens Police Department maintains these records in compliance with the Texas Local Government Records Act (Local Government Code Chapter 201-205), which establishes retention requirements for law enforcement documentation. Standard arrest records must be retained for a minimum of five years following the final disposition of the case, though many records are maintained for longer periods in accordance with departmental policies.

Expungement of Arrest Records in Athens

Under Texas Code of Criminal Procedure Chapter 55, certain individuals may petition for the expungement (expunction) of arrest records maintained by Athens authorities. Expungement constitutes the legal removal and destruction of records pertaining to an arrest, effectively eliminating the arrest from an individual's public record.

Eligibility criteria for expungement in Athens include:

  • Cases resulting in acquittal or dismissal of charges
  • Arrests that did not lead to formal charges
  • Convictions that were subsequently pardoned
  • Arrests for certain misdemeanors committed by minors who have satisfied deferred disposition requirements
  • Arrests for offenses no longer criminalized by Texas law

The expungement process requires filing a Petition for Expunction with the Henderson County District Court. This legal proceeding typically necessitates:

  1. Preparation of formal petition documents
  2. Payment of filing fees (approximately $300)
  3. Scheduling of a hearing before a district judge
  4. Notification of all agencies possessing records subject to expunction
  5. Judicial determination regarding eligibility

If granted, the court issues an Order of Expunction directing all relevant agencies, including the Athens Police Department, to destroy or return all records pertaining to the arrest. Following successful expungement, the individual may legally deny the occurrence of the arrest except in specific circumstances outlined in Texas Code of Criminal Procedure § 55.03.

For arrests not qualifying for expungement, individuals may alternatively pursue an Order of Nondisclosure under Texas Government Code Chapter 411, which restricts public access to records without physically destroying them.

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