Are Hidalgo County Records Public?

Yes. Most records under the custody of governmental bodies in Hidalgo County are public due to the provisions of certain federal laws and Texas state laws. Most notably, the Texas Public Information Act states that everyone is entitled to access records containing public information about government affairs and official acts by public officials and employees. According to the Act, mediums used to record public information include paper, film, tape, Mylar, devices used to store electrical signals (such as magnetic, optical, solid state devices), and other physical materials.

Additionally, Rule 12 of the Rules of Judicial Administration establishes that most judicial records in Texas, including Hidalgo County court records, are public and accessible to anyone who requests them.

What is Exempted Under the Texas Public Records Act?

Exempt records under the Texas Public Information Act are not subject to the act's provisions, making them inaccessible to the general public. They are considered confidential and only accessible to eligible persons. According to the act, some confidential information and records are subject to mandatory non-public disclosure and must be withheld by governmental bodies. Meanwhile, others may be withheld at a governmental body's discretion. Examples of both classes of confidential information include:

Mandatory

• A living person’s date of birth
• Driver’s license numbers
• Credit card numbers
• Insurance policy numbers
• Licenses plate numbers
• Juvenile offenders records
• Peace officer’s home address and family member’s information
• Child abuse investigation records

Discretionary

• Audit working papers
• Attorney-client communication
• Drafts of policymaking documents
• Competitive bidding information before contracts are awarded
• Records containing details about an ongoing litigation

Hidalgo County Public Record Search

The first step in conducting a Hidalgo County public record search is determining the elected official or county department that possesses the desired record. There is no central repository for Hidalgo County public records. Instead, different elected officials and county departments are responsible for preserving specific public records connected to their official duties. Hence, record seekers must query these officials or departments to access or request copies of relevant public records.

For instance, the Hidalgo County Clerk is the custodian of marriage licenses, probate records, property deeds, property titles, and property liens, to name a few. Interested persons can request these records using request forms the County Clerk provides. The County Clerk also provides an online resource that record seekers can use to search for certain public records. Other examples of elected officials and county departments that are custodians of public records and the types of records they maintain are listed on the Hidalgo County Open Records Division FAQ page.

Nonetheless, individuals seeking public records from county offices not listed in the Hidalgo County Open Records Division FAQ page can submit their request directly to the Open Government Division. Although not required under state laws, the division provides a Public Information Request form that requesters can complete and submit to make public record requests. Alternatively, requesters can draft a written request. In either case, requesters must provide sufficient information about the sought-after record, such as name, address, date range, and subject matter, to facilitate their request. Requesters can submit a completed Public Information Request form or written request by email, fax, in person, or by mail to:

Hidalgo County Executive Office
Attention: Public Information Department
505 S. McColl Rd. STE. J.
Edinburg, Texas 78539
Email: open.records@co.hidalgo.tx.us
Fax: (956) 292-7034

Find Public Records For Free in Hidalgo County

Interested persons can find certain public records for free in Hidalgo County through online resources provided by some county departments that preserve public records. One example is the Hidalgo County Clerk’s Official Records Search portal. Additionally, most county departments permit free in-person inspection of public records they maintain during regular office hours at their physical location.

Other avenues individuals can use to conduct free Hidalgo County public record searches are third-party aggregator websites. These are privately operated websites independent of government agencies and connected to a database of public records obtained from government agencies. These public records are not limited to those retrieved from Hidalgo County officials and departments but also government agencies across Tennessee and other states. As a result, searches conducted through most aggregator websites are usually not subject to geographical limitations and cover different types of public records. A party name or case number is typically the only criteria needed to conduct a search on most aggregator websites. Nonetheless, there are potential risks of conducting record searches through aggregator websites, such as results of searches containing inaccurate or incomplete records.

How to Remove Information From Public Records Free

Interested persons can remove eligible information from public records by filing an application expungement or petitioning for a non-disclosure order. Texas Code of Criminal Procedure, Chapter 55 governs expungement procedures and outlines the eligibility requirements for filing an expunction request. Depending on an individual’s case specifics, they can apply for expungement of eligible records with the trial court that handled their case. Alternatively, they can submit the application to the District Court of the county where they were arrested or alleged to have committed an offense.

On the other hand, Texas Government Code, Chapter 411, Subchapter E-1 governs the procedures and eligibility requirements for petitioning for a non-disclosure order. Eligible persons can file a petition for a non-disclosure order by completing the appropriate petition form and filing it with the Office of Court Administration (OCA).

Who Can Access Hidalgo County Public Records in Texas?

Everyone. Under the Texas Public Information Act, everyone is entitled to access complete information concerning official acts of public officials and employees and the general affairs of the government unless otherwise expressly stated by law. As a result, there are no statutory requirements to access Hidalgo County public records, such as being a Texas resident.

What Happens if I Am Refused a Public Records Request?

In Hidalgo County, a record seeker’s public records request may be denied for several reasons, including the following:

• The request record is confidential due to a statutory law or judicial order.
• The submitted request did not contain sufficient information about the sought-after request to enable the governmental body to adequately identify and locate the record.
• Requesters submitted their request to a governmental body that does not preserve the requested document.

Individuals with complaints concerning unjustified delays, denials, or failure to release public information can contact the Hidalgo County District Attorney or Office of the Attorney General to table their complaints. The Hidalgo County District Attorney can reached at:

100 East Cano St.
Edinburg, TX 78539
Phone: (956) 292-7600

Meanwhile, the Office of the Attorney General provides an Open Government Hotline (478-6736) and a toll-free number at ((877) 673-6839) that interested persons can call to submit a public information request complaint. Individuals can also contact the Office of the Attorney General's Cost Rules Administrator at (512) 475-2497 for complaints concerning overcharges.