Privacy Law Applicability & Public Records

TexArrest publishes arrest and booking information obtained from publicly available government sources. These records reflect historical booking events and are provided for informational purposes only. Publication of an arrest record does not imply guilt, conviction, or current legal status.

This page explains how privacy laws apply — and do not apply — to TexArrest.


1. Public Records & First Amendment Protections

Arrest and booking records are government records made public by law enforcement agencies pursuant to state public information laws. TexArrest lawfully republishes this information as a matter of public record.

Courts have consistently recognized that the publication of truthful information obtained from public records is protected by the First Amendment. TexArrest does not alter, embellish, or create arrest records and does not publish private or sealed information.


2. Texas Law Governing Criminal Record Requests

TexArrest complies with Texas Business & Commerce Code Chapter 109, which governs business practices relating to the publication of criminal history information.

Under Texas law:

  • Arrest records may remain published even if charges are later dismissed, reduced, or not prosecuted
  • Reputational harm, passage of time, or discretionary “public safety” arguments do not require removal
  • Removal occurs only when legally mandated, such as through a valid court-ordered expunction, sealing order, or a judicial directive requiring removal
  • Requests for correction must be supported by proof that the published information is factually inaccurate

TexArrest maintains a formal Record Review process to evaluate requests submitted with legally sufficient documentation.


3. Applicability of State Privacy Laws (CCPA / CPRA and Similar Statutes)

State privacy laws such as the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), regulate the collection and sale of certain categories of personal data by businesses operating as data brokers.

These laws do not require deletion of lawfully obtained public records and expressly exempt information made available from government records.

TexArrest:

  • Does not operate as a data broker
  • Does not sell arrest records for eligibility, employment, housing, credit, insurance, or background screening purposes
  • Does not trade or monetize personal data outside the publication of public records

Accordingly, deletion rights under state privacy statutes do not override public-records law or First Amendment protections.


4. Federal Trade Commission Act (FTC Act)

TexArrest does not engage in deceptive or unfair trade practices. Published records are sourced directly from government agencies and are presented without alteration or misrepresentation.

TexArrest does not market arrest records as consumer reports and does not provide determinations related to employment, housing, credit, or other regulated eligibility decisions.


5. Fair Credit Reporting Act (FCRA)

TexArrest is not a consumer reporting agency and does not assemble or evaluate information for purposes governed by the Fair Credit Reporting Act.

TexArrest does not offer background checks, screening services, or eligibility determinations, and no information published on TexArrest should be used for such purposes.


6. Record Removal & Correction Requests

TexArrest will review requests for correction or removal only when supported by legally sufficient documentation, including:

  • A court-ordered expunction or sealing order
  • A judicial order specifically directing removal
  • Proof that the published information is factually inaccurate

Requests based solely on reputational harm, privacy concerns, dismissal of charges, or disagreement with publication do not qualify for removal under applicable law.

All requests must be submitted through TexArrest’s official Record Review process.


7. Search Engines & Third-Party Indexing

TexArrest does not control third-party search engines or external websites. When a record is lawfully removed pursuant to a court order, the associated page is taken down in accordance with applicable technical standards. Search engines update their indexes independently and on their own timelines.


Contact & Record Review

Individuals seeking correction or legally mandated removal may submit documentation through the TexArrest Record Review process. Each submission is evaluated in accordance with applicable law, and responses are provided in writing.

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