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Hempstead Arrest Records

Are Arrest Records Public in Hempstead, Texas?

Arrest records are public documents in Hempstead, Texas, pursuant to the Texas Public Information Act (Texas Government Code Chapter 552). This legislation 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 operates under the premise that all government information is presumed to be available to the public, supporting transparency in governmental operations.

Members of the public may access arrest records as part of their right to government transparency and accountability in law enforcement proceedings. These records serve multiple public interests, including:

Enabling community awareness of law enforcement activities
Supporting journalistic reporting on criminal justice matters
Facilitating background checks for employment or housing purposes
Providing statistical data for research and policy development

The Hempstead Police Department maintains these records in accordance with Texas state retention schedules as established by the Texas State Library and Archives Commission under the Local Government Records Act (Texas Local Government Code §§ 201-205).

How to Look Up Hempstead Arrest Records in 2025

Multiple official channels exist for obtaining arrest records in Hempstead, Texas. Individuals seeking such information may utilize any of the following methods:

Submit a public information request in person at the Hempstead Police Department located at 1015 11th Street, Hempstead, TX 77445. Office hours are Monday through Friday, 8:00 AM to 5:00 PM. Telephone: (979) 826-3332.
File a written request with the Hempstead Municipal Court for cases within their jurisdiction. The court processes requests during regular business hours.
Contact the Waller County Sheriff's Office for county-level arrest records at 701 Calvit Street, Hempstead, TX 77445. Telephone: (979) 826-8282.
Submit a request to the Texas Department of Public Safety for comprehensive criminal history information at their Crime Records Service, P.O. Box 4143, Austin, TX 78765-4143. Telephone: (512) 424-2000.

Requestors should note that pursuant to Texas Government Code § 552.261, fees may apply for record retrieval, duplication, and processing. Fee schedules are established in accordance with guidelines set by the Office of the Attorney General of Texas.

Contents of a Hempstead Arrest Record

Standard arrest records maintained by Hempstead law enforcement agencies contain specific categories of information as required by Texas Code of Criminal Procedure Article 66.102. These records typically include:

Biographical information of the arrested individual, including full legal name, known aliases, date of birth, physical description, and address
Date, time, and specific location of the arrest
Name and badge number of the arresting officer(s)
Agency responsible for the arrest (Hempstead Police Department, Waller County Sheriff's Office, or other jurisdictional authority)
Statutory charges filed, including citation of applicable Texas Penal Code sections
Booking information, including mugshot photographs and fingerprint records
Custody status, including bail or bond determinations and conditions
Case disposition information, if available
Court docket numbers for associated judicial proceedings

Certain sensitive information may be redacted from public versions of arrest records in accordance with Texas Government Code § 552.130, § 552.136, and § 552.147, including driver's license numbers, social security numbers, and other personal identifying information.

Legal Framework for Public Access to Arrest Records

The accessibility of arrest records in Hempstead operates within a structured legal framework established by state statutes. The Texas Public Information Act (TPIA) codified in Government Code Chapter 552 serves as the primary legislation governing public access to governmental records, including those pertaining to arrests.

Under TPIA provisions, governmental bodies must:

Promptly produce public information for inspection or duplication upon request
Respond to requests within 10 business days
Provide a written statement if additional time is needed
Cite specific statutory exceptions if withholding information

The Texas Code of Criminal Procedure further regulates the collection and dissemination of criminal history record information through Articles 66.101-66.105. These provisions establish parameters for:

Creation and maintenance of computerized criminal history systems
Agencies authorized to contribute to and access such systems
Permissible uses of criminal history record information
Restrictions on dissemination to unauthorized entities

The Hempstead Police Department and Waller County law enforcement agencies adhere to these statutory requirements when processing public information requests for arrest records.

Limitations on Access to Certain Arrest Records

While arrest records are generally public in Hempstead, Texas law establishes specific categories of information that may be withheld or restricted from public disclosure. Pursuant to Texas Government Code § 552.108, known as the "law enforcement exception," certain records may be withheld if their release would:

Interfere with detection, investigation, or prosecution of crime
Reveal the identity of confidential informants
Endanger the life or physical safety of law enforcement personnel

Additionally, records pertaining to juvenile arrests are subject to heightened confidentiality protections under Texas Family Code Chapter 58. These records are generally not available to the public except under limited circumstances specified by statute.

Other categories of protected information include:

Records sealed by court order
Arrests resulting in deferred adjudication after successful completion of community supervision
Information related to victims of certain offenses as specified in Texas Code of Criminal Procedure Article 57.02
Mental health information protected under Texas Health and Safety Code § 611.002

Requestors seeking arrest records that may contain protected information should be prepared for partial redactions or denials in accordance with applicable statutory exceptions.

Expungement of Arrest Records in Hempstead

Texas law provides mechanisms for the expungement (expunction) or sealing of arrest records under specific circumstances. Chapter 55 of the Texas Code of Criminal Procedure governs the expungement process in Hempstead and throughout Texas.

Individuals may qualify for expungement of arrest records if:

They were arrested but never charged with an offense
Charges were dismissed or quashed
They were acquitted of charges at trial
They were convicted but subsequently pardoned
They completed a pre-trial diversion program resulting in dismissal
The statute of limitations expired before formal charges were filed

The expungement process requires filing a petition in the district court of Waller County where the arrest occurred. Petitioners must provide detailed information about the arrest and subsequent proceedings as specified in Article 55.02 of the Texas Code of Criminal Procedure.

For arrests that do not qualify for expungement, individuals may seek an order of nondisclosure under Texas Government Code Chapter 411, which seals records from public view while maintaining them for law enforcement purposes. Eligibility for nondisclosure typically requires successful completion of deferred adjudication community supervision for qualifying offenses.

Legal representation is advisable when pursuing expungement or nondisclosure due to the technical requirements of these proceedings.