Are El Paso County Records Public?

El Paso County records are generally considered public under the Texas Public Information Act (PIA). The PIA grants individuals the right to inspect or copy these records during the regular business hours of governmental bodies. As set forth in Tex. Gov't Code § 552.002, a public record is any information—written, created, gathered, assembled, or maintained—by a governmental body in the course of its official business. This includes materials on film, in books, on paper, and in electronic formats such as online postings, emails, text messages, and instant messages.

Additionally, Tex. Gov't Code § 552.022 identifies several categories of information that may be available for public access:

• Final opinions issued in the adjudication of cases (in general, most El Paso county court records)
• Settlement agreements involving a governmental body
• Administrative staff manuals and instructions that affect a member of the public
• Completed audits, reports, evaluations, or investigations conducted by a governmental body
• The name, ethnicity, sex, title, salary, and employment date of a governmental body's officers or employees
• Case documents and/or case records that are not restricted from public access per Texas public records laws

The PIA applies to most government entities (Tex. Gov't Code § 552.003) but excludes the judiciary, economic development entities, and entities that receive less than $1 million in public funds. Although court records are not governed by the PIA, they remain open to the public under Rule 12 of the Texas Rules of Judicial Administration.

What is Exempted Under the Texas Public Records Act?

Although the Texas Public Information Act (PIA) grants the public the right to inspect or copy local and state government records, certain records are exempt if deemed confidential per Tex. Gov't Code § 552.101. Examples of exempt records and information in El Paso County include:

• Trade secrets
• Student records
• Birth and death records
• Geological or geophysical data
• Information affecting competition or bidding
• Identifying information of individuals involved in an execution
• Litigation or settlement negotiations involving the state or a political subdivision
• Photographs of peace officers when disclosure could endanger their life or physical safety
• Test items developed by an educational institution, a licensing agency, or a governmental body
• Personal information whose release constitutes an unwarranted invasion of privacy
• Law enforcement records whose disclosure would interfere with investigations or prosecutions
• Home addresses, telephone numbers, social security numbers, and emergency contact information of government officials
• Information regarding the location or price of real or personal property before public announcement or contract award
• Rare books, unpublished letters, manuscripts, personal papers, or oral history materials maintained for historical research
• Identifying information about individuals who donate privately to institutions of higher education
• Information in official prescription forms filed with the Texas State Board of Pharmacy

Under Tex. Gov't Code § 552.023, individuals (or their authorized representatives) have special rights to access records that specifically pertain to them, even if those records are normally exempt. Other requestors must generally obtain a court order to access such exempt materials. In addition, certain exempt records become public after a specified time. For example, birth records become public after 75 years, while death records become public after 25 years (Tex. Gov't Code § 552.115).

El Paso County Public Record Search

In El Paso County, many agencies maintain an online portal or database for public records. Interested persons may search El Paso County public records by name, case number, property details, filing date range, or other unique identifiers (depending on the record type). Search results will typically include all records related to the parameters provided, then users can filter down by relevance. For example, the El Paso County Clerk's Office provides a free public records search portal for many official records, including property records.

If the desired documents cannot be located online, record seekers may submit a written request to the relevant government agency under Tex. Gov't Code § 552.234. Acceptable methods include mail, email, fax, or in-person submission. Inquirers are usually expected to contact the specific department in advance to confirm their preferred or required submission process and specific information relevant to the case search.

Under Tex. Gov't Code § 552.261, government agencies can charge for copies of public records. These fees typically cover materials, labor, and overhead. Requesters should be prepared to pay in advance if the estimated fees exceed a certain threshold (the agency will inform them).

Fee waivers may sometimes be available for non-commercial requests, but this depends on each agency's policies.

Once a valid request and any associated fees are received, the agency must respond within 10 business days. If the agency cannot fulfill the request within 10 business days—for instance, due to the volume of documents or the complexity of the search—they must send a written notice stating when the records will be ready.

Find Public Records For Free in El Paso County

Some El Paso County offices, such as the County Clerk's Office, allow free viewing of certain records online. Users can search property records and sometimes basic case information via custodian databases like the Official Public Records Search portal without charge. However, obtaining detailed records or certified copies may require the payment of a fee.

Certain third-party websites aggregate limited public record information from multiple jurisdictions, offering a convenient one-stop search. Inquirers may also search these sites for public records by party name or case number. However, like official resources, detailed or comprehensive records are often restricted to paying inquirers or registered users.

Keep in mind that records obtained from third-party sites are considered unofficial and cannot replace certified copies for legal or official use.

In some cases, local libraries maintain digital or microfilm archives of newspapers and historical public records. Although these collections may not provide the most up-to-date information, they can be a helpful resource for historical or genealogical research.

Staff at these facilities can often point inquirers toward other free resources.

How to Remove Information From Public Records Free

Eligible individuals can have their records removed from the public eye if they meet certain criteria. Most government bodies have designated forms or procedures on their websites that requesters can submit or follow to have their information removed, expunged, or sealed. For example, ex-convicts can have their criminal records expunged if the offense they committed falls within those highlighted in Tex. Code Crim. Proc. § 55. Eligible individuals would have to file a Petition for Expunction with the relevant El Paso County District Court to have their records expunged.

Who Can Access El Paso County Public Records in Texas?

According to Tex. Gov't Code § 552.001, any person can access public records in El Paso County. However, government entities are not required to respond to public records requests submitted by individuals incarcerated in correctional facilities or by anyone acting on their behalf, except for their attorneys per Tex. Gov't Code § 552.028.

What Happens if I Am Refused a Public Records Request?

Pursuant to Tex. Gov't Code § 552.301, a government body in El Paso County can refuse a public record request if it determines that the requested information is exempt from public disclosure. Within 10 business days of receiving the request, the government body must:

• Ask for a decision from the Attorney General to withhold the record.
• Send a written statement to the requester detailing their desire to withhold the record and that a decision has been sent to the Attorney General.
• Send the requester a copy of their written communication to the Attorney General.

Within 15 business days of receiving the original request for a public record, the government body must submit to the Attorney General:

• Written comments explaining why the desired record is exempted.
• A copy of the written request submitted by the record seeker.
• A signed statement of the request's data or evidence sufficient to prove it.
• A copy of the requested document or a representative sample of the documents.

The government agency must also give the requester a copy of the written comments submitted to the Attorney General within 15 business days. As stated in Texas Government Code § 552.306, the Attorney General has 45 business days to issue a decision on the agency's request for a ruling. If the Attorney General orders the agency to release a public record but the agency refuses to do so, the requester has the right to file a written complaint with the Attorney General. Affected persons may initiate the process by calling (877) 673-6839 to discuss the violation with office staff.