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Chapter 411 Sub F
GOVERNMENT CODE SUBTITLE B. LAW ENFORCEMENT AND PUBLIC
PROTECTION CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS
SUBCHAPTER A. GENERAL PROVISIONS AND ADMINISTRATION
SUBCHAPTER F. CRIMINAL HISTORY RECORD INFORMATION
§ 411.081. APPLICATION OF SUBCHAPTER.
(a) This subchapter does not apply to criminal history record information
that is contained in:
(1) posters, announcements, or lists for identifying or apprehending
fugitives or wanted persons;
(2) original records of entry, including police blotters maintained by a
criminal justice agency that are compiled chronologically and required by
law or long-standing practice to be available to the public;
(3) public judicial, administrative, or legislative proceedings;
(4) court records of public judicial proceedings;
(5) published judicial or administrative opinions; or
(6) announcements of executive clemency
(b) This subchapter does not prohibit a criminal justice agency from
isclosing to the public criminal history record information that is related
to the offense for which a person is involved in the criminal justice
system.
(c) This subchapter does not prohibit a criminal justice agency from
confirming previous criminal history record information to any person on
specific inquiry about whether a named person was arrested, detained,
indicted, or formally charged on a specified date, if the information
disclosed is based on data
excluded by Subsection (b).
(d) Notwithstanding any other provision of this subchapter, if a person is
placed on deferred adjudication community supervision under Section 5,
Article 42.12, Code of Criminal Procedure, subsequently receives a discharge
and dismissal under Section 5(c), Article 42.12, and satisfies the
requirements of
Subsection (e), the person may petition the court that placed the
defendant on deferred adjudication for an order of nondisclosure under this
subsection. After notice to the state and a hearing on whether the person is
entitled to file the petition and issuance of the order is in the best
interest of justice, the court shall issue an order prohibiting criminal
justice agencies from disclosing to the public criminal history record
information related to the offense giving rise to the deferred adjudication.
A criminal justice agency may disclose criminal history record information
that is the subject of the order to an individual or agency
described by Section 411.083(b)(1), (2), or (3). A person may petition the
court for an order of nondisclosure on payment of a $28 fee to the clerk of
the court. The payment may be made only on or after:
(1) the discharge and dismissal, if the offense for which the person was
placed on deferred adjudication was a misdemeanor other than a misdemeanor
described by Subdivision (2);
(2) the second anniversary of the discharge and dismissal, if the offense
for which the person was placed on deferred adjudication was a misdemeanor
under Chapter 20, 21, 22, 25, 42, or 46, Penal Code; or
(3) the 5th anniversary of the discharge and dismissal, if the offense
for which the person was placed on deferred adjudication was a felony.
(e) A person is entitled to petition the court under Subsection (d) only if
during deferred probation period and the applicable period described by
Subsection (d)(1), (2), or (3), as appropriate, the person is not convicted
of or placed on deferred adjudication community
supervision under Section 5, Article 42.12, Code of Criminal Procedure, for
any offense other than an offense under the Transportation Code punishable
by fine only. A person is not entitled to petition the court under
Subsection (d) if the person was placed on the deferred adjudication
community supervision for or has been previously convicted or placed on any
other deferred adjudication for:
(1) an offense requiring registration as a sex offender under Chapter 62,
Code of Criminal Procedure;
(2) an offense under Section 20.04, Penal Code, regardless of whether the
offense is a reportable conviction or adjudication for purposes of Chapter
62, Code of Criminal Procedure;
(3) an offense under Section 19.02, 19.03, 22.04, 22.041, 25.07, or
42.072, Penal Code; or
(4) any other offense involving family violence, as defined by Section
71.004, Family Code.
(f) For purposes of Subsection (d), a person is considered to have been
placed on deferred adjudication community supervision if, regardless of the
statutory authorization:
(1) the person entered a plea of guilty or nolo contendere;
(2) the judge deferred further proceedings without entering an
adjudication of guilt and placed the person under the supervision of the
court or an officer under the supervision of the court; and
(3) at the end of the period of supervision the judge dismissed the
proceedings and discharged the person.
(g) When an order of nondisclosure is issued under this subsection, the
clerk of the court shall send a copy of the order by certified mail, return
receipt requested, to the Crime Records Service of the Department of Public
Safety. The Department of Public Safety shall send a copy of the order by
mail or electronic means to all law enforcement agencies, jails or other
detention facilities, magistrates, courts, prosecuting attorneys,
correctional facilities, central state depositories of criminal records, and
other officials or agencies or other entities of this state or of any
political subdivision of this state, and to all central federal depositories
of criminal records that there is reason to believe have criminal history
record information that is the subject of the order.
(h) The clerk of a court that collects a fee under Subsection (d) shall
remit the fee to the comptroller not later than the last day of the month
following the end of the calendar quarter in which the fee is collected, and
the comptroller shall deposit the fee in the general revenue fund. The
Department of Public Safety shall submit a report to the legislature not
later than December 1 of each even-numbered year that includes information
on:
(1) the number of petitions for nondisclosure and orders of nondisclosure
received by the department in each of the previous two years;
(2) the actions taken by the department with respect to the petitions and
orders received; and
(3) the costs incurred by the department in taking those actions.
Added by Acts 1993, 73rd Leg., ch. 790, § 35, eff. Sept. 1, 1993. Amended by
Acts 2003, 78th Leg., ch. 1236, § 4, eff. Sept. 1, 2003.
§ 411.082. DEFINITIONS. In this subchapter:
(1) "Administration of criminal justice" has the meaning assigned by
Article 60.01, Code of Criminal Procedure.
(2) "Criminal history record information" means information collected
about a person by a criminal justice agency that consists of identifiable
descriptions and notations of arrests, detentions, indictments,
information's, and other formal criminal charges and their dispositions. The
term does not include:
(A) identification information, including fingerprint records, to the extent
that the identification information does not indicate involvement of the
person in the criminal justice system; or
(B) driving record information maintained by the department under
Subchapter C, Chapter 521, Transportation Code.
(3) "Criminal justice agency" means:
(A) a federal or state agency that is engaged in the administration of
criminal justice under a statute or executive order and that allocates a
substantial portion of its annual budget to the administration of criminal
justice; or
(B) a nongovernmental railroad or campus police department that has obtained
an originating agency identifier from the Federal Bureau of Investigation.
(4) "Criminal justice purpose" means:
(A) an activity that is included in the administration of criminal justice;
or
(B) screening of applicants for employment with a criminal justice
agency.
Added by Acts 1993, 73rd Leg., ch. 790, § 35, eff. Sept. 1, 1993. Amended by
Acts 1997, 75th Leg., ch. 165, § 30.190, eff. Sept. 1, 1997.
§ 411.083. DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION.
(a) Criminal history record information maintained by the department is
confidential information for the use of the department and, except as
provided by this subchapter, may not be disseminated by the department.
(b) The department shall grant access to criminal history record information
to:
(1) criminal justice agencies;
(2) noncriminal justice agencies authorized by federal statute or
executive order or by state statute to receive criminal history record
information;
(3) the person who is the subject of the criminal history record
information;
(4) a person working on a research or statistical project that: (A) is
funded in whole or in part by state funds; or (B) meets the requirements of
Part 22, Title 28, Code of Federal Regulations, and is approved by the
department;
(5) an individual or an agency that has a specific agreement with a criminal
justice agency to provide services required for the administration of
criminal justice under that agreement, if the agreement: (A) specifically
authorizes access to information; (B) limits the use of information to the
purposes for which it is given; (C) ensures the security and confidentiality
of the information; and (D) provides for sanctions if a requirement imposed
under Paragraph (A), (B), or (C) is violated;(6) a county or district
clerk's office; and(7) the Office of Court Administration of the Texas
Judicial System.
(c) The department may disseminate criminal history record information under
Subsection (b)(1) only for a criminal justice purpose. The department may
disseminate criminal history record information under Subsection (b)(2) only
for a purpose specified in the statute or order. The department may
disseminate criminal history record information under Subsection (b)(4) or
(b)(5) only for a purpose approved by the department and only under rules
adopted by the department. The department may disseminate criminal history
record information under Subsection (b)(6) only to the extent necessary for
a county or district clerk to perform a duty imposed by law to collect and
report criminal court disposition information. Criminal history record
information disseminated to a clerk under Subsection (b)(6) may be used by
the clerk only to ensure that information reported by the clerk to the
department is accurate and complete. The dissemination of information to a
clerk under Subsection (b)(6) does not affect the authority of the clerk to
disclose or use information submitted by the clerk to the department. The
department may disseminate criminal history record information under
Subsection (b)(7) only to the extent necessary for the office of court
administration to perform a duty imposed by law to compile court statistics
or prepare reports. The office of court administration may disclose criminal
history record information obtained from the department under Subsection
(b)(7) in a statistic compiled by the office or a report prepared by the
office, but only in a manner that does not identify the person who is the
subject of the information.
(d) The department is not required to release or disclose criminal history
record information to any person that is not in compliance with rules
adopted by the department under this subchapter or rules adopted by the
Federal Bureau of Investigation that relate to the dissemination or use of
criminal history record information.
Added by Acts 1993, 73rd Leg., ch. 790, § 35, eff. Sept. 1, 1993. Amended by
Acts 2001, 77th Leg., ch. 474, § 4, eff. Sept. 1, 2001.
§ 411.084. USE OF CRIMINAL HISTORY RECORD INFORMATION.
(a) Criminal history record information obtained from the department under
this subchapter:
(1) is for the exclusive use of the authorized recipient of the information;
and
(2) may be disclosed or used by the recipient only if, and only to the
extent that, disclosure or use is authorized or directed by:
(A) this subchapter;
(B) another statute;
(C) a rule adopted under a statute; or
(D) an order of a court of competent jurisdiction.
(b) Notwithstanding Subsection (a) or any other provision in this
subchapter, criminal history record information obtained from the Federal
Bureau of Investigation may be released or disclosed only to a governmental
entity or as authorized by federal statute, federal rule, or federal
executive order.
Added by Acts 1993, 73rd Leg., ch. 790, § 35, eff. Sept. 1, 1993. Amended by
Acts 2003, 78th Leg., ch. 296, § 1, eff. Sept. 1, 2003.
§ 411.085. UNAUTHORIZED OBTAINING, USE, OR DISCLOSURE OF
CRIMINAL HISTORY RECORD INFORMATION; PENALTY.
(a) A person commits an offense if the person knowingly or intentionally:
(1) obtains criminal history record information in an unauthorized
manner, uses the information for an unauthorized purpose, or discloses the
information to a person who is not entitled to the information;
(2) provides a person with a copy of the person's criminal history record
information obtained from the department; or
(3) violates a rule of the department adopted under this subchapter.
(b) An offense under Subsection (a) is a Class B misdemeanor, except as
provided by Subsection (c).
(c) An offense under Subsection (a) is a felony of the second degree if
the person:
(1) obtains, uses, or discloses criminal history record information for
remuneration or for the promise of remuneration; or
(2) employs another person to obtain, use, or disclose criminal history
record information for remuneration or for the promise of remuneration.
(d) The department shall provide each person who applies for access to
criminal history record information maintained by the department with a copy
of this section.
Added by Acts 1993, 73rd Leg., ch. 790, § 35, eff. Sept. 1, 1993. | 
