TexArrest publishes arrest and booking information in accordance with Texas law. Understanding how and why these records may be published helps clarify the rights of individuals, the responsibilities of publishers, and the limits of removal or modification requests.
Public Records in Texas
In Texas, arrest and booking records are generally classified as public information. These records are created by government agencies during official law enforcement activity and are made available to the public under Texas public information laws.
The public availability of arrest records exists independently of whether a case results in formal charges, dismissal, or conviction. The publication of such records reflects transparency in government operations, not a judgment of guilt.
Texas Business & Commerce Code Chapter 109
Texas Business & Commerce Code Chapter 109, titled “Business Practices in Connection with Criminal Records”, governs how private publishers may collect, display, and respond to requests concerning criminal record information.
This law establishes a framework that balances public access to criminal justice records with a structured process for review, correction, and removal when legally required.
What Chapter 109 Allows
- Publication of arrest and booking records obtained from lawful, publicly available sources
- Display of historical booking events for informational purposes
- Maintenance of records unless removal is legally mandated
- Use of standardized review and correction procedures
What Chapter 109 Does Not Require
- Automatic removal of records due to case dismissal or charge reduction
- Removal of records based on reputational concerns
- Modification of records without supporting documentation
- Immediate removal upon informal request
Dismissed, Reduced, or Pending Cases
An arrest record documents that a booking event occurred. Subsequent case developments — including dismissals, reductions, deferred adjudication, or pending status — do not retroactively eliminate the existence of the arrest itself.
Under Texas law, dismissal or non-conviction alone does not require removal of an arrest record from a publisher’s database. Removal obligations arise only when supported by legally recognized orders.
When Removal Is Legally Required
TexArrest removes or suppresses arrest records only when legally required to do so. This includes circumstances such as:
- Valid court-ordered expunctions
- Orders of nondisclosure or sealing that explicitly apply to public publication
- Judicial orders directing removal or restriction of access
All court orders are verified with the issuing court or appropriate authority before action is taken.
Important Notice
TexArrest publishes arrest and booking information as historical public records for informational purposes only. TexArrest does not determine guilt or innocence, does not provide legal advice, and does not modify or remove records except as required by law.
This content is provided for general informational purposes only and does not constitute legal advice.