Are Montgomery County Records Public?

Yes. Records maintained by Montgomery County government entities are open to the public for examination under the Texas Public Information Act (Tex. Gov’t Code § 552.001 et seq.). Local governments, including counties and cities, must comply with this law, guaranteeing the public’s right to examine and obtain government records across the state.

Public records in Montgomery include Montgomery County court records, arrest information, property records, vital documents, business licenses, and voter and election records. Access to certain public agency records may also be governed by other statutes, such as Tex. R. Jud. Admin. 12 and Tex. Health & Safety Code § 191.001 et seq., which govern access to judicial and vital records, respectively.

What is Exempted Under the Texas Public Records Act?

An exemption to the Texas Public Records Act protects sensitive information from general review and secures individual and government interests. Records exempt under the TPIA include:

• Personal information, such as social security numbers, driver’s licenses, and home addresses of government employees
• Business information that would harm a company's competitive position
• Medical records
• Law enforcement records related to active criminal investigations, confidential informant identities, sensitive crime scene images and videos, and security plans
• Attorney-client communications
• Certain vendor or contractor information
• Specific information related to the regulation of financial institutions
• Student educational records
• Birth records less than 75 years, and death records less than 25 years (not inclusive of a general birth index)
• Sealed court records

Notwithstanding, a person can challenge or request access to an exempt record in Montgomery County by filing a petition in court (typically in the District Court). Each petitioner will need to provide compelling evidence for the court to issue an order directing the exempt record's release.

Montgomery County Public Records Search

Montgomery County government agencies provide public access to records in accordance with the Texas Public Information Act (TPIA). To find public records in the county, it is necessary for the requester to consider the following:

• The type of public record needed
• The agency that maintains the record. For example, law enforcement agencies generate arrest records and are responsible for keeping them. However, records may also be transferred between agencies. Arrest information, for instance, may appear in court records if the individual was prosecuted.
• How the record may be obtained

Once the appropriate record custodian is identified, the request process can begin. Public records can be requested in multiple ways, including in person, by mail, by email, online, or by fax, depending on the agency custodian’s policies. Checking an agency’s website or contacting their custodian's office can help determine an office's recommended request methods. Familiar custodians of public records in Montgomery County include:

• Montgomery County Sheriff’s Office: Arrest and criminal records
• Montgomery Central Appraisal District: Property assessment records
• Montgomery County Tax Office: Property tax records
• Montgomery County Clerk’s Office: Vital records, civil court records, criminal misdemeanor records, and probate records

Many Montgomery County government agencies provide online public records search tools for convenience, including the following:

• Property Search
• Property Tax Information Search
• Inmate Jail Roster
• Civil/Criminal Misdemeanor/Probate Record Search
• District Court Case Search
• Official Public Records Search

Inspecting a record online or in person at a government office is generally free, but obtaining paper or certified copies may involve fees, with certified copies typically costing more. Note that confidential information is not disclosed online, as that is against the Texas Public Information Act.

Find Public Records For Free in Montgomery County

While government agencies are the primary custodians of Montgomery County public records, they are not the only options for records access. Some private companies act as third-party vendors by collecting and compiling these records and making them publicly accessible online. These services can be handy for anyone who needs quick access to records without navigating the conventional government request procedures.

Some websites allow individuals to search records on their databases for free. However, in most cases, users may be asked to pay a dollar amount to access the entire contents of a record. While these services can be helpful, it is essential to verify the accuracy of information received, as it may not always be up-to-date or complete. For official or certified copies of public records, government agencies remain the most reliable sources.

How to Remove Information From Public Records Free

Montgomery County residents have the right to request the removal of their information from public records. However, this is only possible under certain conditions. The conditions for removal differ by record category.

The Public Information Act governs the removal of personal information, such as phone numbers, addresses, identification numbers, and financial information. Individuals can write to an agency custodian to request that such information be removed from a particular record.

On the other hand, interested parties may complete and submit the necessary court form to conceal records maintained by the court. An example is a court petition to remove information from a criminal record, for which eligible individuals may file for an Order of Nondisclosure by completing the relevant Non-disclosure court form. The Texas Courts' Nondisclosure brochure has more information on who qualifies for a nondisclosure order in Texas and the procedures for filing in a court of law.

Who Can Access Montgomery County Public Records in Texas?

In Texas, public records are available to everyone. Unlike certain states where the law prioritizes access to citizens, the Texas Public Information Act allows anyone, citizen or non-citizen, to inspect a public record, regardless of the county where a record was created or maintained. However, access restrictions apply to confidential documents, as the TPIA only permits disclosure to certain persons and government entities/officials.

What Happens if I Am Refused a Public Records Request?

Government agencies are required to provide access to public records under the TPIA. However, there are instances where a public record request may be denied. Here are some reasons that may prompt a public records request denial in Montgomery County:

• The requested record is exempt under federal or state law
• The requested record does not exist or is not maintained by the agency
• The request is overly broad or unclear
• The request was improperly submitted

Generally, a local or state government agency must seek a ruling from the Texas Attorney General’s Office before withholding a record from public disclosure following a person's request. If the Attorney General’s Office approves the record's withholding, the agency must write to the requester to inform them of the denial and explain the reason for it.

Requesters denied access to a Montgomery public record can appeal the decision by filing a petition with the Attorney General’s Office, which generally issues a ruling within 45 business days. If the office upholds the denial, the requester can escalate the matter by filing a lawsuit in the District Court to compel the release of the record(s). The court will determine whether the agency’s justification is valid and authorize disclosure upon ruling in favor of the requester. However, if the court upholds the denial, the decision is final, and no further appeal will be permitted.