Arrest records are public in Kenedy, Texas, pursuant to the Texas Public Information Act (Texas Government Code Chapter 552). This legislation establishes that information collected, assembled, or maintained by governmental bodies is presumed to be open to the public. The Act serves as a cornerstone of governmental transparency in Texas, enabling citizens to access various records maintained by public agencies, including those documenting arrests. Under § 552.021, "public information is available to the public at a minimum during the normal business hours of the governmental body."
The Kenedy Police Department and Kenedy County Sheriff's Office maintain arrest records as part of their official duties. These records become part of the public domain once processed, though certain exceptions may apply to protect ongoing investigations or sensitive personal information as outlined in § 552.101 through § 552.158 of the Texas Government Code.
Members of the public seeking arrest records in Kenedy have multiple avenues available for conducting searches. The digitalization of government records has significantly enhanced accessibility. Individuals may utilize the following methods to obtain arrest information:
Visit the Kenedy Police Department in person to request arrest records. The department maintains a public records division that processes such requests.
Submit requests to the Kenedy County Sheriff's Office, which maintains records of arrests conducted within county jurisdiction.
Access judicial records through the Kenedy County Courthouse, where arrest records that have proceeded to court action are filed.
Utilize public access terminals available at the Kenedy Public Library for searching digitized public records.
Submit a Public Information Request Form electronically through the City of Kenedy website, pursuant to Texas Government Code § 552.301.
Requestors should note that while basic arrest information is typically available without charge, reproduction fees may apply for copies of records in accordance with § 552.261 of the Texas Government Code. The governmental body must respond to requests promptly, with a presumptive deadline of ten business days as specified in § 552.221.
Standard arrest records maintained by law enforcement agencies in Kenedy contain comprehensive information about the arrest event and the individual involved. Pursuant to Texas Code of Criminal Procedure Article 66.102, these records typically include:
The Texas Department of Public Safety maintains standards for the collection and reporting of this information through the Computerized Criminal History System as mandated by Texas Government Code § 411.042.
Under Texas law, certain individuals may petition for the expungement (expunction) of arrest records in Kenedy. Expungement effectively removes an arrest from an individual's record as though it never occurred. Chapter 55 of the Texas Code of Criminal Procedure governs the expungement process, with eligibility typically contingent upon the following circumstances:
The expungement process requires filing a Petition for Expunction with the district court in Kenedy 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.
Upon receipt of a properly filed petition, the court schedules a hearing to determine whether the statutory requirements for expungement have been satisfied. If granted, the court issues an Order of Expunction directing all agencies maintaining records of the arrest to delete or return all files and references to the arrest.
Individuals should be aware that expungement is not automatic and requires affirmative legal action. The process typically requires payment of filing fees and may necessitate legal representation to navigate procedural requirements effectively.