(a) On receipt by the bureau of identification and records of a written request that is submitted by a defendant described by § 411.0602(a), that is accompanied by a set of the defendant’s fingerprints, and that alleges that the bureau may have entered inaccurate information relating to the defendant in the central index established under § 411.0602, the head of the bureau or that person‘s designee and the head of the department’s crime laboratory in Austin each shall review the information to determine whether there is a high likelihood that the information is accurate.
(b) If after review the head of the bureau or that person’s designee or the head of the department’s crime laboratory in Austin determines there is not a high likelihood that the information relating to the defendant is accurate, the bureau shall:
(1) promptly remove that information from the central index; and
(2) notify other appropriate divisions of the department, the investigating criminal justice agency, and the defendant of the bureau’s determination and the removal of the information.

Terms Used In Texas Government Code 411.0606

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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

(c) If after review the head of the bureau or that person’s designee and the head of the department’s crime laboratory in Austin jointly determine there is a high likelihood that the information relating to the defendant is accurate, the bureau shall notify the defendant of that determination.