Are Denton County Records Public?

Yes. Denton County public records are available to interested persons under Chapter 552 of the Texas Public Information Act (TPIA). Anyone, regardless of residency or citizenship, may view public information kept by public agencies unless provided otherwise by law. Section 552.002 of this Act defines "public information" as information that is produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business.

This law is binding on all public records regardless of physical form, be it paper, film, or electronic. Ideally, one is required to submit a written request to access records. However, various agencies allow persons to request and obtain records via multiple methods, including mail, fax, email, and in person. Different custodial agencies are responsible for various public records. For instance, while Denton county court records are obtainable from the Denton District Clerk, property records are in the custody of the County Clerk. A single agency may keep several types of public records.

What is Exempted Under the Texas Public Records Act?

Section 552.101 of the Texas Public Information Act outlines exemptions that are not subject to the TPIA. Per these exemptions, public agencies are allowed to restrict access to certain public records to balance the public’s right to know with the need to protect the greater public’s interest. Records exempt from the TPIA are typically sequestered to ensure individual privacy and security, as well as to preserve the integrity of certain operations by governmental bodies.

Other than records expressly exempted by the TPIA, public records may be sequestered from public access due to certain circumstances. For example, details of an ongoing criminal investigation are not public. General exemptions from the TPIA include the following:

• Policy drafts
• Protected health information as defined by Section 181.006 of the Health and Safety Code
• Juvenile offender records
• Death certificates containing a person’s cause of death
• Recorded communications protected by attorney-client privilege
• Credit card information
• Domestic and child abuse investigative reports
• Employee personal information stored on public databases, held by an agency in its capacity as an employer (Section 552.1175 of the Texas Government Code)
• Agency memoranda
• Trade secrets.

If a requested public record contains confidential information, such as social security numbers or license numbers, the portion containing the non-public information is redacted before the request is granted. If a requester believes their request has been unfairly denied, they may ask for a reevaluation or petition the Attorney General’s Office to examine the exemption claim. If the Attorney General upholds the agency’s decision, the final resort is challenging the denial in court.

In any case, record seekers must ensure that their request clearly describes the sought records and is sent to the appropriate custodian. Otherwise, the request may be denied.

Denton County Public Record Search

For inquiries about what agency to submit a request for any kind of public record, contact the Denton County District Attorney’s Office – Civil Division at (940) 349-2600. This step is essential, as a request to the wrong agency will not return any results. Once identified, a person may approach the agency to obtain a Public Information Act request form and fill it out, providing sufficient information about the requested record to aid their identification and retrieval.

Relevant information should include the record subject’s name and any identification number applicable to the custodial agency. Depending on the agency, request methods include mail, email, in-person, and online (via agency websites or partner private service providers).

The following records may be accessed through the mentioned custodians:

• Birth and death certificates – Denton County Clerk
• Property records – District Clerk
• Court records – District Clerk.

Interested parties may contact any of the above offices at:

Denton County Clerk
1 Courthouse Drive
Denton, TX 76208

Denton District Clerk
1450 East McKinney Street
1st Floor
Denton, TX 76209

Mailing Address
P.O. Box 2146
Denton, TX 76202
Phone: (940) 349-2200

The following public records can be accessed online:

• Court case records
• Tax information
• Jail records.

Find Public Records For Free in Denton County

Many public agencies offer free access to their public records, especially through online search platforms, only demanding fees for obtained record copies. Alternatively, a record seeker may explore the many available free third-party websites. These websites aggregate public records from various agencies across the county, sometimes covering multiple counties or the entire state. Their wide coverage makes them quite resourceful for statewide searches or when a researcher is unsure what county a record was created in.

While these sites are usually loud about offering free services, they may only offer limited information for free, demanding payment for a full comprehensive report. Also, information on these websites may be limited. As such, users should only use third-party services for unofficial research purposes.

How to Remove Information From Public Records Free

The procedure and requirements vary depending on the type of public record a person wishes to remove from public access. A governmental body usually requires the approval of the Attorney General’s Office before it can redact public information or records. In any case, a record’s subject can appeal that an agency remove certain information from their public record if they meet certain criteria. Generally, appeals can be made to classify any of the following:

• The record contains information about family violence shelter victims, sexual assault programs, or trafficking victim shelter centers.
• Account and device numbers
• Personal employee information held by an agency
• Student records (Section 552.114)
• Social security numbers (552.147).

Agencies do not require consent from the Attorney General’s Office to remove any of the above. Removal of other public record types, like criminal records, is governed by the Texas Code of Criminal Procedure. Under this code, one may seal their record by obtaining a non-disclosure order or appealing to the court for a record expunction. Note that both actions have distinct implications.

Who Can Access Denton County Public Records in Texas?

Per Section 552.001 of the Texas Public Information Act, Denton County is open to anybody, except where an exemption applies or the concerned record is sealed or expunged. Records are available to residents and non-residents alike. Non-public records are usually accessible to certain parties, such as record subjects, authorized representatives, or other government officials acting in an official capacity.

Depending on the kind of record, a person may require a court order or meet certain criteria to access them. Criteria may include being a record subject’s close family member or a party with "legitimate interests," usually applicable to death records and certain family/probate court records.

What Happens if I Am Refused a Public Records Request?

The TPIA allows public agencies to refuse disclosure of records that fall under expressly outlined exemptions under law. In addition, agencies may withhold information on certain grounds depending on the conditions at the time of the request or following agency policies. Furthermore, a public agency may deny a request if it fails to sufficiently describe the sought records or if they are not responsible for the requested records.

If a record seeker believes their record denial was unlawful, they may petition the Texas Attorney General or sue the agency at the county’s district court. Appeals concerning record request denials must be filed at the appropriate court no later than 30 days from the day the requester received the denial notice. Requestors may also submit complaints to the office of the district or county attorney.