Texas Court Records
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Are Travis County Records Public?
Yes. Pursuant to the Texas Public Information Act ("TPIA") (Tex. Gov. Code, Chapter 552), public records are governmental documents or information accessible to the public upon request.
Following the Act, members of the public have the right to access comprehensive information about governmental operations or activities and the official conduct of public officials and employees, barring any restrictions imposed by law. PIA ensures that the public enjoys unrestricted access to public records, i.e., any data that has been written, produced, gathered, compiled, or maintained in connection with a state or local government's assigned responsibilities.
Texas's Public Information Act applies to all governmental bodies, excluding the judiciary and economic organizations that foster and advance the economic development of an agency or political subdivision of the state. Judicial records, such as the Travis County court records, are accessible under common law, statutory law, and court rules instead.
What is Exempted Under the Texas Public Records Act?
Under the Texas Public Information Act, the general public can obtain records from government entities without stating the reason for their requests. However, the Act places access limitations on records deemed confidential by law or court order. Examples of these restricted records are:
- Attorney-client communications
- Medical records
- Audit working papers
- Sensitive personal data, like Social Security, financial account numbers, and insurance policy numbers
- Any record that, if made public, would jeopardize public safety
- Juvenile records
Exempt or confidential records are only accessible to legally authorized entities, such as the subjects of records and government personnel who require access for an official purpose.
Travis County Public Record Search
Every government department in Travis County is obligated to allow interested individuals to examine records within its control or jurisdiction. Knowing which office holds a sought-after record is essential for a successful search. However, access may be subject to certain limitations and fees, depending on the type of record requested. The Travis County Public Information website has a comprehensive list of local departments that receive open records requests.
Under the Texas PIA, a verbal or written public records search request can be made to a Travis County agency. As a result, members of the public can visit or mail an agency for open (public) records. Depending on the agency, phone, fax, email, or online requests may also be accepted. However, many agencies recommend a written request or require a formal application to enable the provision of precise information.
Generally, requesters must have specific information about their desired record(s) to enable speedy identification and retrieval. This information may include relevant name(s), number(s), or date(s). Parties can also submit a brief record description, which may consist of the record's title or caption, and they will need to provide their contact details in case the petitioned agency requires further communication to clarify a request or transmit applicable fees. Requesters are liable for any fees or costs applicable for processing their public records request or copying/certifying/exemplifying records.
Find Public Records For Free in Travis County
Several avenues are available for accessing Travis County public records for free. The standard method is to approach the official custodian of records. These custodians may maintain searchable (but free) online databases or offer in-person reviews at no charge.
Additionally, public records can be located on third-party websites, which private vendors or companies operate. While these sites often provide free searches, they may require payment to obtain comprehensive information. Further, many third-party sites offer a bulk of public information to interested parties, but it is crucial to verify a record's accuracy with official bodies.
How to Remove Information From Public Records Free
To be removed from public view in Travis County, a record must be exempt from public access by law or court order. Individuals who wish to remove sensitive personal information from a public record can typically apply to the agency that maintains the record. Forms and guidelines can be procured from the relevant public agency.
However, if the removal pertains to a criminal record, the requester must be eligible under Texas's expunction and nondisclosure laws. Petitions for expungements and non-disclosure orders are handled within the court system. If a court approves such a request, all affected records will be removed or restricted from public criminal databases, ensuring they are inaccessible to the general public. The applicable fees and filing guidelines can be obtained from the Texas State Law Library's Expunctions & Nondisclosure Orders web page.
Who Can Access Travis County Public Records in Texas?
According to the Texas Public Information Act, every individual is entitled to access public records in Travis County. Individuals who request a Travis County public record do not need to verify their identity (unless mandated by law) or state their intended usage. They must also not be citizens of Texas.
What Happens if I Am Refused a Public Records Request?
Texas's Public Information Act stipulates broad access to public records created, collated, or maintained in Travis County. However, it does not mean that public agencies must fulfill every public records request.
Ordinarily, each public record request must adhere to established guidelines specific to each government entity, which a requester is expected to follow to expedite access and avoid the need for clarification. If these procedures are not adequately observed, the petitioned public agency may deny the associated request. The following circumstances may prompt a public records denial in Travis County:
- The request is not specific enough.
- The requested document or information is legally exempt, and the requester is not a party entitled to the document or information by law or court order.
- The request was made to the wrong agency custodian.
Members of the public who were refused access to a public record in Travis County have a few remedies under the law. One avenue is to appeal to the local county or district attorney's office.
Alternatively, an individual can register their complaint with the Texas Attorney General’s Office, which offers an Open Government hotline at (512) 478-6736 or (877) 673-6839 (toll-free) for this purpose. The Attorney General's How to Report a Violation of the Public Information Act page contains sufficient details and resources for submitting complaints regarding agency failures to release public information. The Attorney General also hears complaints about overcharges relating to public records requests, regardless of the county where an incident occurred.
