Arrest records are public information in Austin, Texas, pursuant to the Texas Public Information Act (Texas Government Code Chapter 552). This statute establishes that information collected, assembled, or maintained by or for governmental entities is available to the public, with certain statutory exceptions. The Texas Public Information Act serves to promote transparency and accountability in government operations by ensuring citizens have access to various types of public records, including arrest records maintained by law enforcement agencies.
Members of the public should be aware that while arrest records are generally accessible, certain information may be redacted or withheld in accordance with § 552.108 of the Texas Government Code, which provides exceptions for law enforcement and prosecution records. Additionally, records pertaining to juveniles or cases that have been expunged or sealed by court order are not available for public inspection.
The City of Austin provides multiple channels through which members of the public may access arrest records. Individuals seeking arrest information have the following options available:
In-person requests at the Austin Police Department headquarters located at 715 E. 8th Street, Austin, TX 78701. Public counter hours are Monday through Friday, 8:00 AM to 5:00 PM. Telephone: (512) 974-5000.
Online access through the APD Incident Reports Database, which allows searches of incident reports filed by the Austin Police Department.
Written requests submitted to the Austin Police Department Records Management Division, PO Box 689001, Austin, TX 78768-9001. Pursuant to § 552.221 of the Texas Government Code, governmental bodies must promptly produce public information in response to written requests.
Travis County records may be accessed through the Travis County Clerk's Office located at 5501 Airport Boulevard, Austin, TX 78751. Public counter hours are Monday through Friday, 8:00 AM to 4:30 PM. Telephone: (512) 854-9188.
Third-party commercial services that aggregate public records data. The City of Austin does not endorse or verify the accuracy of information provided by these services.
Requestors should note that fees may apply for copies of records in accordance with the fee schedule established under § 552.261 of the Texas Government Code. Identification may be required when requesting certain records to verify eligibility for access.
Austin arrest records maintained by law enforcement agencies typically contain the following information as required by Texas Code of Criminal Procedure Article 66.102:
The Austin Police Department maintains these records in accordance with departmental policies and state retention schedules. Certain sensitive information may be redacted from public versions of arrest records, including Social Security numbers, driver's license numbers, and information related to victims of certain offenses as specified in § 552.1325 of the Texas Government Code.
The accessibility of arrest records in Austin is governed by a comprehensive legal framework that balances public transparency with individual privacy rights. The following statutes and regulations apply:
Texas Public Information Act (Texas Government Code Chapter 552) establishes the presumption that government records, including arrest records, are open to public inspection unless specifically exempted by law.
Texas Code of Criminal Procedure Article 66.102 mandates the collection and maintenance of criminal history record information by law enforcement agencies.
Federal Privacy Act of 1974 (5 U.S.C. § 552a) imposes limitations on the disclosure of certain personal information maintained in government record systems.
Texas Government Code § 411.083 regulates the dissemination of criminal history record information maintained by the Texas Department of Public Safety.
Austin City Code Chapter 2-7 establishes local procedures for responding to public information requests.
Government agencies in Austin must comply with these legal provisions when processing requests for arrest records. The Travis County Attorney's Office at 314 W. 11th Street, Suite 300, Austin, TX 78701, telephone (512) 854-9415, provides guidance to county departments regarding compliance with public information laws.
While arrest records are generally public, certain categories of information are subject to restricted access under Texas law. The following limitations apply:
Records pertaining to juveniles (under 17 years of age) are confidential pursuant to Texas Family Code § 58.007 and are not available for public inspection except under limited circumstances.
Expunged records are removed from public access in accordance with Texas Code of Criminal Procedure Chapter 55.
Records sealed under an order of nondisclosure pursuant to Texas Government Code Chapter 411 are not available to the general public.
Information related to victims of sexual assault, family violence, stalking, or trafficking is protected under Texas Government Code § 552.138.
Ongoing investigations may be temporarily withheld from disclosure under Texas Government Code § 552.108.
Medical and mental health information contained within arrest records is protected under Texas Government Code § 552.101 and the Health Insurance Portability and Accountability Act (HIPAA).
Governmental bodies in Austin are required to redact protected information before releasing arrest records to the public. The Austin Municipal Court, located at 700 E. 7th Street, Austin, TX 78701, telephone (512) 974-4800, handles cases involving city ordinance violations and certain misdemeanors.
Under Texas law, individuals may petition for the expungement (expunction) of arrest records under specific circumstances. The expungement process is governed by Chapter 55 of the Texas Code of Criminal Procedure and removes all information about an arrest from official records. Eligibility criteria for expungement in Austin include:
The expungement process requires filing a petition with the district court in Travis County. The Travis County District Clerk's Office is located at 1000 Guadalupe Street, Austin, TX 78701. Public counter hours are Monday through Friday, 8:00 AM to 5:00 PM. Telephone: (512) 854-9457.
Petitioners must provide detailed information about the arrest and subsequent proceedings. Upon approval, an expungement order directs all agencies maintaining records of the arrest to destroy or return all files and references to the arrest. After expungement, the individual may legally deny the occurrence of the arrest except when questioned under oath in a criminal proceeding.
The Downtown Austin Community Court at 719 E. 6th Street, Austin, TX 78701, telephone (512) 974-1266, offers programs that may lead to eligibility for expungement for certain low-level offenses.