Arrest records are public in Commerce, Texas, pursuant to the Texas Public Information Act (Texas Government Code Chapter 552). This legislation establishes that government records, including those documenting arrests, shall be accessible to members of the public upon request. The statute serves to promote governmental transparency and accountability by enabling citizens to obtain documentation concerning law enforcement activities and individuals processed through the criminal justice system. Under § 552.021 of the Texas Government Code, public information is presumed to be available to the public during normal business hours of a governmental body.
The Commerce Police Department maintains arrest records in accordance with state retention schedules as mandated by the Texas State Library and Archives Commission. These records document the apprehension and detention of individuals suspected of violating local ordinances or state laws within Commerce city limits.
Members of the public seeking arrest records in Commerce, Texas may utilize several authorized methods to obtain this information. The following procedures have been established to facilitate public access while maintaining compliance with applicable state regulations:
Online Database Access: The Commerce Police Department provides limited arrest record information through their official online portal. Users may search by name, date of arrest, or case number. Access to this system requires registration and acceptance of terms of use.
In-Person Requests: Individuals may submit requests in person at the Records Division of the Commerce Police Department, located at 1103 Sycamore Street, Commerce, TX 75428. Office hours are Monday through Friday, 8:00 AM to 5:00 PM, excluding holidays. Valid identification must be presented when requesting records.
Written Requests: Written requests may be submitted via postal mail to: Records Division, Commerce Police Department, 1103 Sycamore Street, Commerce, TX 75428. All written requests must include the requestor's contact information, specific information being sought, and applicable time periods.
Hunt County Sheriff's Office: For arrest records related to county-level offenses, inquiries may be directed to the Hunt County Sheriff's Office, 2801 Stuart Street, Greenville, TX 75401. Telephone: (903) 453-6800.
Pursuant to Texas Government Code § 552.261, fees may be assessed for record retrieval, copying, and certification. The current fee schedule is established by city ordinance in accordance with the Commerce Code of Ordinances.
Standard arrest records maintained by the Commerce Police Department contain specific categories of information as prescribed by Texas law and departmental policy. These records typically include the following elements:
Biographical Information: Full legal name of the arrested individual, known aliases, date of birth, physical description, and residential address at time of arrest.
Arrest Details: Date, time, and specific location of the arrest; name and badge number of the arresting officer(s); and the agency responsible for booking the individual.
Offense Information: Specific charges filed, including citations to applicable sections of the Texas Penal Code or Commerce Municipal Code; classification of offense (misdemeanor or felony); and brief narrative of the alleged criminal activity.
Processing Documentation: Booking photographs (mugshots), fingerprint records, and personal property inventory taken at the time of processing.
Case Disposition: Initial court appearance information, bail or bond amounts established, and preliminary hearing schedules.
Detention Status: Location of detention, duration of custody, and release information if applicable.
It should be noted that certain information may be redacted from public arrest records in accordance with exceptions provided in the Texas Public Information Act, particularly information related to juveniles, victims of certain offenses, or details that might compromise ongoing investigations.
The State of Texas provides legal mechanisms through which qualifying individuals may petition for the expungement (expunction) of arrest records maintained by Commerce law enforcement agencies. This process is governed by Chapter 55 of the Texas Code of Criminal Procedure.
Eligibility criteria for expungement in Commerce include:
The expungement process requires the filing of a Petition for Expunction with the Hunt County District Court, located at 2500 Lee Street, Greenville, TX 75401. Telephone: (903) 408-4194. The petition must comply with the requirements set forth in Article 55.02 of the Texas Code of Criminal Procedure.
Upon approval of an expungement order, all agencies maintaining records of the arrest, including the Commerce Police Department, Hunt County Sheriff's Office, Texas Department of Public Safety, and Federal Bureau of Investigation, are directed to destroy or return all documentation related to the arrest. Following successful expungement, the individual may legally deny the occurrence of the arrest except when questioned under oath in a criminal proceeding.
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 criminal history record information while maintaining the record for law enforcement purposes.
An Order of Nondisclosure represents an alternative remedy for individuals whose arrests do not qualify for complete expungement. This legal mechanism, authorized under Texas Government Code Chapter 411, Subchapter E-1, allows for the sealing of criminal records from public view while maintaining their availability to law enforcement and certain governmental entities.
To qualify for an Order of Nondisclosure in Commerce, applicants must:
The application process requires filing a Petition for Nondisclosure with the court of original jurisdiction. For cases originating in Commerce Municipal Court, petitions should be filed at 1119 Alamo Street, Commerce, TX 75428. Telephone: (903) 886-1156. For cases handled by Hunt County courts, petitions are filed with the appropriate county court at 2500 Lee Street, Greenville, TX 75401.
Upon issuance of an Order of Nondisclosure, the Commerce Police Department and other criminal justice agencies must seal the specified records and may not disclose their existence to the general public. However, these records remain accessible to criminal justice agencies, certain licensing authorities, and specific governmental entities as enumerated in § 411.0765 of the Texas Government Code.
Juvenile arrest records in Commerce are subject to enhanced confidentiality protections under Title 3 of the Texas Family Code. These provisions recognize the state's interest in rehabilitation of youthful offenders and protection of their future opportunities.
The Commerce Police Department maintains juvenile arrest records separately from adult records, with access restricted to authorized personnel. Pursuant to Texas Family Code § 58.007, these records may not be disclosed to the general public except under specific circumstances:
Parents or legal guardians of juveniles may access their child's arrest records by submitting a written request to the Commerce Police Department Juvenile Division, 1103 Sycamore Street, Commerce, TX 75428. Proper identification and documentation of the parent-child relationship must be provided.
Under certain conditions established by Texas Family Code § 58.003, juvenile records may be sealed through court order. Once sealed, these records are removed from public access and the juvenile may legally deny the existence of the arrest except in specified circumstances.