1. (a) It is the policy of the Texas Department of Public Safety (department) that a person may access and receive a copy of criminal history record information maintained by the department that relates to the person. 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 Subchapter C, Chapter 521, Transportation Code.

2. (b) A person may personally appear at the department's headquarters in Austin during normal business hours and request the person's criminal history record information as follows:

   1. (1) The person must submit a signed, written request to the Assistant Chief of Administration, Crime Records Service, or his/her designee located at Texas Department of Public Safety, Criminal History and Fingerprint Services, 108 Denson Drive, Austin, Texas 78752.

   2. (2) The person must present a government issued photo identification document, be fingerprinted by a designee of the department to establish identification and provide the following information:

      1. (A) the person's complete printed name (LAST, FIRST, MIDDLE), including any other names used by the person; and
      2. (B) the person's sex, race and date of birth (MONTH, DAY, YEAR).
   3. (3) The person must remit cash, check, U.S. money order or other method of payment accepted by the department in the amount of $15 per fingerprint submission.
   4. (4) Upon receipt of a request described by this subsection and the required fee, the department will conduct a fingerprint based search of the Texas Computerized Criminal History Database. If criminal history record information relating to the person is located, the department will provide the person with a printout of the information. If criminal history record information relating to the person is not located, a notation of such fact will be made on the fingerprint card and the fingerprint card will be returned to the person. The department will provide the person with the results of the search at Texas Department of Public Safety, Criminal History and Fingerprint Services, 108 Denson Drive, Austin, Texas 78752 on the next business day after the day the department receives the request.

3. (c) A person who is unable to personally appear at the department's headquarters in Austin may request the person's criminal history record information as follows:

   1. (1) The person must be fingerprinted by a criminal justice agency or other entity approved by the department on a department approved fingerprint card. The criminal justice agency or other entity must establish the person's identity by requiring the person to produce a government issued photo identification document.

   2. (2) The criminal justice agency or other entity approved by the department must include the following identifying information of the person on the fingerprint card:

      1. (A) the person's complete name (LAST, FIRST, MIDDLE), including any other names used by the person;
      2. (B) the person's sex, race and date of birth (MONTH, DAY, YEAR); and
      3. (C) a complete, legible set of ten rolled fingerprints and simultaneous impressions taken from the person.
   3. (3) The person must mail the completed fingerprint card, a signed, written request that the department search the criminal history files for criminal history record information relating to the person and a check or U.S. money order in the amount of $15.00 per fingerprint card submitted to Crime Records Service, Attn: Correspondence Supervisor, Texas Department of Public Safety, P.O. Box 15999, Austin, Texas 78761-5999. The written request must include the printed name, phone number and return mailing address of the person.
   4. (4) Fingerprint cards with illegible prints or incomplete information will be returned to the return address provided in the written request for proper re-submission. When re-submitting fingerprints, the rejected card must be included with the re-submission.
   5. (5) Upon receipt of a request described by this subsection and the required fee, the department will conduct a fingerprint based search of the Texas Computerized Criminal History Database. If criminal history record information relating to the person is located, a printout of the information, the submitted fingerprint card and the requesting letter will be returned to the person. If criminal history record information relating to the person is not located, a notation of such fact will be made on the fingerprint card and the fingerprint card and the requesting letter will be returned to the person.
4. (d) If a person believes criminal history record information maintained by the department relating to the person is incorrect or incomplete, the person may contact the Error Resolution Unit at P.O. Box 4143, Austin, Texas 78765-4143 or ErrorResolution@txdps.state.tx.us.

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.