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Upshur County, Texas Arrest Records

Are Arrest Records Public in Upshur County, Texas?

Arrest records are public documents in Upshur County, 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 unless specifically exempted by law. The Texas Public Information Act serves to promote governmental transparency and accountability within law enforcement operations throughout the state.

Members of the public seeking arrest records may obtain these documents through designated county offices. The maintenance and disclosure of these records are governed by both state statutes and local regulations that balance public access rights with privacy considerations as prescribed by law.

Can Arrest Records be Found Online in Upshur County?

Upshur County arrest records are available through online platforms in accordance with Texas Government Code § 552.021. The Upshur County Sheriff's Office maintains digital records that may be accessed through their official website. This digital accessibility represents the county's implementation of state requirements for reasonable public access to governmental information.

The online availability of these records serves multiple public interests:

  • Enhances transparency in local law enforcement operations
  • Provides efficient access for background verification purposes
  • Reduces administrative burden on county personnel
  • Facilitates research and statistical analysis of criminal justice data

Users should note that while basic arrest information is typically available online, certain details may be redacted in compliance with Texas Government Code § 552.101, which protects confidential information as determined by law or judicial decision.

How to Look Up Upshur County Arrest Records in 2025

Individuals seeking Upshur County arrest records in 2025 may utilize several authorized methods established pursuant to Texas Government Code Chapter 552. The following procedures have been established for public access:

  • Visit the Upshur County Sheriff's Office in person to submit a formal records request:

    • Location: Upshur County Justice Center
    • Mailing Address: 405 North Titus, Gilmer, TX 75644
    • Office Hours: 8:00am - 5:00pm Monday through Friday
    • Telephone: (903) 843-2541
  • Submit requests to the Upshur County Clerk's Office, which maintains certain judicial records:

    • Location: Upshur County Courthouse
    • Address: 100 West Tyler Street, Gilmer, TX 75644
    • Office Hours: 8:00am - 4:30pm Monday through Friday
    • Telephone: (903) 843-4015
  • Access the Upshur County District Clerk's records for felony cases:

    • Location: Upshur County Justice Center
    • Address: 405 North Titus, Gilmer, TX 75644
    • Office Hours: 8:00am - 5:00pm Monday through Friday
    • Telephone: (903) 843-5015
  • Utilize the county's official public records portal through the County of Upshur website, which provides searchable databases of public records

  • Consult third-party aggregator websites that compile public records from multiple jurisdictions, though users should verify the accuracy of information obtained through non-governmental sources

Requestors should be prepared to provide specific information to facilitate record searches, including the full name of the subject, approximate date of arrest, and any additional identifying information. Fees for copies may apply in accordance with Texas Government Code § 552.261.

Contents of an Upshur County Arrest Record

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

  • Biographical information of the arrested individual:

    • Full legal name and documented aliases
    • Date of birth and age at time of arrest
    • Physical descriptors including height, weight, and identifying marks
    • Residential address as provided during booking
  • Arrest details:

    • Date, time, and specific location of apprehension
    • Statutory charges filed, including citation of applicable Texas Penal Code sections
    • Classification of offense (misdemeanor class or felony degree)
    • Name and badge number of arresting officer(s)
    • Agency responsible for the arrest
  • Processing information:

    • Booking photographs (mugshots) taken from front and profile views
    • Fingerprint impressions collected according to Texas Administrative Code Title 37, Part 1, Chapter 27
    • Unique booking identification number
    • Detention facility where individual was processed
  • Case disposition data:

    • Court of jurisdiction for the case
    • Bond amount if applicable
    • Preliminary hearing date if scheduled
    • Current status of the case within the judicial system

The comprehensiveness of these records serves legitimate governmental interests in documenting law enforcement activities while providing necessary information for judicial proceedings and public safety purposes.

Expungement of Arrest Records in Upshur County

Under Texas Code of Criminal Procedure Chapter 55, certain individuals may petition for expungement (expunction) of arrest records in Upshur County. Expungement constitutes the legal removal and destruction of records pertaining to an arrest, thereby restoring the individual to the position they occupied prior to such arrest.

Eligibility criteria for expungement in Upshur County include:

  • Cases resulting in acquittal after trial
  • Arrests that did not lead to formal charges
  • Charges that were dismissed and statutory waiting period has elapsed
  • Arrests resulting from identity theft or mistaken identity
  • Convictions that have been pardoned by the Governor of Texas or the President of the United States
  • Juvenile offenses that qualify under specific provisions of the Texas Family Code

The expungement process requires petitioners to:

  1. File a Petition for Expunction with the Upshur County District Clerk
  2. Pay the required filing fee (approximately $300 as of 2024)
  3. Serve copies of the petition to all agencies holding records of the arrest
  4. Attend a scheduled court hearing if required by the presiding judge
  5. Obtain a signed Order of Expunction if granted by the court

Pursuant to Texas Code of Criminal Procedure Article 55.03, once an expungement order is issued, all agencies must comply by destroying relevant records, and the arrest is deemed never to have occurred from a legal standpoint. The petitioner may legally deny the existence of the expunged arrest on applications for employment, licensing, or other civil matters.

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