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Are Dallas County Records Public?
Yes, most records maintained by governmental bodies in Dallas County are public. These records are managed and disclosed in accordance with various statutes, with the Texas Public Information Act (TPIA) serving as the primary framework. The TPIA, also known as the Public Records Act, outlines the public’s right to access governmental records, the types of documents accessible, response times for inspection requests, and any applicable fees.
In addition to the TPIA, several other laws dictate access to specific types of records in Dallas County, including:
- Texas Code of Criminal Procedure, Chapter 62: regulates access to sex offender records
- Texas Family Code, Section 58.007: governs the disclosure of juvenile criminal records
- Texas Health and Safety Code, Chapter 191: governs vital records administration
- Texas Occupations Code: establishes rules for accessing professional licensing records
What is Exempted Under the Texas Public Records Act?
In Dallas County, Texas, not all records held by governmental bodies are available to the public. Certain documents and information are exempt from disclosure to protect individual privacy, secure government interests, or ensure public safety. A record can be exempt under the Texas Public Information Act, other applicable laws, or by court order.
Access to an exempt record is typically limited to specific individuals. These individuals usually include government officials whose responsibilities necessitate access to the record, persons directly related to the record (such as the subjects), and court-authorized persons.
The following are some records exempt from public disclosure in the State of Texas:
- Confidential personal information (Social Security numbers, home addresses, medical records)
- Specific law enforcement and criminal records (e.g., records about ongoing investigations)
- Juvenile records
- Child welfare records
- Certain judicial records (e.g., draft opinions, internal court memoranda)
- Attorney-Client privileged information
- Trade secrets
While confidential records are obscured from public view, their exemption is not necessarily permanent. Certain records may become public after specified incidents occur, and individuals may petition a court for access. If the petition demonstrates reasonable cause and the court finds sufficient justification, the court may release an order permitting access to the petitioner.
Dallas County Public Record Search
Various agencies maintain public records in Dallas County, each responsible for specific types of records. For instance, the Dallas County courts maintain the Dallas County court records, while law enforcement agencies maintain arrest and other police records. As such, individuals must first identify the type of record they need and determine which agency likely has custody.
Identifying the primary agency custodian is crucial, as reaching out to other agencies that may have copies of the record may be unproductive. For example, the District Attorney’s Office may keep copies of arrest records as part of prosecution case files, but those records are not maintained for public access. Instead, local law enforcement agencies, such as the Sheriff’s Office and city police departments, disclose arrest records to the public.
Once the appropriate agency is identified, the next step is to contact its official records custodian. Requests can be made in person, by mail, via email, or by phone. Alternatively, individuals may submit a request online. For example, the Open Records Request platform can be used to submit public record inquiries to the Dallas County government.
It should be noted that public record requests may involve fees, which vary by agency and depend on the nature and volume of the requested records. However, a fee may not be charged if the requester only wishes to inspect the record without obtaining a copy.
Find Public Records For Free in Dallas County
Dallas County public records can sometimes be found on third-party databases. These platforms, which are not directly operated by the government, aggregate public records from various sources. One key advantage of a third-party database is that the user may find multiple records in one location. Users may also be able to perform basic searches for free, but most services may require payment to access detailed information.
Caution should be exercised when relying on information retrieved from unofficial sources, as such information may be outdated or erroneous. If a researcher needs a record for official purposes, contacting the official agency custodian for access is best.
How to Remove Information From Public Records Free
Removing personal or sensitive information from the public domain is possible, but the process varies depending on the type of record involved. For individuals seeking to redact personal details from public documents, such as addresses or identification numbers, a Request for Redaction of Personal Information from Public Documents form can be completed (see the Dallas County Clerk's sample request form).
On the other hand, if an individual wishes to redact criminal or court records, the first step is determining whether the record is eligible for removal. Texas's Code of Criminal Procedure, Chapter 55 and Rule of Civil Procedure, Chapter 76a, outline the requirements for expunging criminal files and sealing court records, respectively.
If a record is eligible for removal under the above regulations, the subject of the record may file a petition in the appropriate court. The court may schedule some hearings to determine the case. If a petition is successful, the court will issue an order of sealing (for court records) or expungement (for criminal records) will be issued.
Who Can Access Dallas County Public Records in Texas?
Under Texas's Public Information Act, anyone can access a public record in Dallas County. However, certain individuals or entities may have prioritized access to specific documents. For instance, a party to a court case will still have access to the case, even if it is sealed.
One may contact the record's custodian to verify eligibility to access a public record. The custodian will inform the requester about any specific requirements, like identification, fees, or court authorization, to proceed with the request.
What Happens if I Am Refused a Public Records Request?
When a person requests access to a public record in Dallas County, the governmental body is obligated to respond within a reasonable time (usually 10 business days). If the response is negative, the custodian is expected to communicate the reason for denial to the requester. A public records request can be denied for any of the following reasons:
- The record is exempt from public disclosure by law or court order
- The request lacks sufficient information that allows the custodian to identify the record
- The request was directed to the wrong agency
- The requester does not have authorization to view or obtain the record
If a public records request is denied in Dallas, the requester has the right to appeal by submitting a complaint to the Office of the Attorney General’s Open Records Division (ORD). The complaint should plainly outline the details of the denial and explain why the denial is unreasonable or unwarranted, citing any relevant laws. The ORD will review the complaint and issue an Open Records Letter Ruling within 45 business days. If the ruling is unfavorable, the complainant may file a court petition to challenge the decision.
