Texas Code of Criminal Procedure 67.202 – Right to Request Review of Criminal Information
(a) On receipt of a written request of a person or the parent or guardian of a child that includes a showing by the person or the parent or guardian that a law enforcement agency may have collected criminal information under this chapter relating to the person or child that is inaccurate or does not comply with the submission criteria under Article 67.054(b), the head of the agency or the designee of the agency head shall review criminal information collected by the agency under this chapter relating to the person or child to determine if:
(1) reasonable suspicion exists to believe that the information is accurate; and
(2) the information complies with the submission criteria established under Article 67.054(b).
(b) If, after conducting a review of criminal information under Subsection (a), the agency head or designee determines that reasonable suspicion does not exist to believe that the information is accurate, or determines that the information does not comply with the submission criteria, the agency shall:
(1) destroy all records containing the information; and
(2) notify the department and the person who requested the review of the agency’s determination and the destruction of the records.
Terms Used In Texas Code of Criminal Procedure 67.202
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) If, after conducting a review of criminal information under Subsection (a), the agency head or designee determines that reasonable suspicion exists to believe that the information is accurate, and determines that the information complies with the submission criteria, the agency shall notify the person who requested the review:
(1) of the agency’s determination; and
(2) that the person is entitled to seek judicial review of the agency’s determination under Article 67.203.
(d) On receipt of notice under Subsection (b)(2), the department immediately shall destroy all records containing the information that is the subject of the notice in the intelligence database maintained by the department under Article 67.052.
(e) A person who is committed to the Texas Juvenile Justice Department or confined in the Texas Department of Criminal Justice does not, while committed or confined, have the right to request review of criminal information under this article.