37 Tex. Admin. Code § 27.1
Right of Review
Effective May 6, 201439 TexReg 3598Source Note: The provisions of this §27.1 adopted to be effective December 23, 2004, 29 TexReg 11746; amended to be effective June 13, 2005, 30 TexReg 3432; amended to be effective March 16, 2010, 35 TexReg 2205; amended to be effective May 6, 2014, 39 TexReg 3598.Texas Secretary of State
- (a) It is the policy of the Texas Department of Public Safety (the department) that a person may access and receive a copy of criminal history record information maintained by the department that relates to the person upon payment of a fee as authorized by Texas Government Code, §411.088. A person with criminal history record information on file with the Federal Bureau of Investigation (FBI) must contact the Special Correspondence Bureau of the FBI at (304) 625-3878 to review or correct those records. In this section, "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, informations and other formal criminal charges and their dispositions. This term does not include 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 driving record information maintained by the department under Texas Transportation Code, Chapter 521, Subchapter C.
(b) A person may personally appear at 108 Denson Drive, Austin, Texas 78752 during normal business hours and request their criminal history record information as detailed in this subsection:
(1) The person must present a government issued photo identification document, be fingerprinted by a designee of the department to establish identification and provide the items detailed in this paragraph:
- (A) the person's complete name (Last, First, Middle), including any other names used by the person; and
- (B) the person's sex, race and date of birth (Month, Day, Year).
- (2) The person must remit a personal check, money order, or cash in the amount of $24.95 ($9.95 fingerprint acquisition fee and $15 Texas Record Check Fee per fingerprint submission).
- (3) Results will be available for pick up within two business days at 108 Denson Drive, Austin, Texas 78752.
- (4) If a person needs a certified letter to accompany the criminal history response it will be provided upon request.
(c) A person may find appointment and DPS fingerprinting locations, by visiting www.dps.texas.gov/administration/crime_records/pages/applicantfingerprintservices.htm and provide the items detailed in this subsection:
(1) Biographical Data.
- (A) the person's complete name (Last, First, Middle), including any other names used by the person; and
- (B) the person's sex, race and date of birth (Month, Day, Year).
- (2) Fee. The person may pay the $24.95 online or over the phone via credit card. In addition, the person may wait to submit payment until the time of fingerprinting via personal check or money order. Cash and credit cards are not accepted at field locations.
- (3) Identification. At the field location, the person must present a government issued photo identification document and be fingerprinted by a designee of the department to establish identification.
- (4) Results. The criminal history results and a certified letter will be delivered to the address designated during scheduling within 7 to 10 business days.
(d) A person residing out of state can submit their fingerprints by completing the forms and following the instructions for "Fingerprints Submitted By Mail" at www.dps.texas.gov/internetforms/Forms/CR-63.pdf:
- (1) Identification. When attending a law enforcement agency or FAST Provider near you, the person must present a government issued photo identification document and be fingerprinted by a designee of the department to establish identification.
- (2) Results. The criminal history results and a certified letter will be delivered to the address designated during scheduling within 10 to 14 business days.
- (3) Illegible prints or incomplete information. Fingerprint cards with illegible prints or incomplete information will be returned to the address provided.
- (e) If a person believes criminal history record information maintained by the department relating to the person is incorrect or incomplete, the person may visit: www.dps.texas.gov /administration/crime_records/pages/errorresolution.htm and complete the required forms.
Source Note:The provisions of this §27.1 adopted to be effective December 23, 2004, 29 TexReg 11746; amended to be effective June 13, 2005, 30 TexReg 3432; amended to be effective March 16, 2010, 35 TexReg 2205; amended to be effective May 6, 2014, 39 TexReg 3598.