| (a) An individual may access and receive a copy of
their Texas criminal history record information maintained by the
Texas Department of Public Safety (the department) that relates to
the individual upon payment of a fee as authorized by Texas Government
Code, §411.088. In this section, "criminal history record information"
means information collected about an individual by a criminal justice
agency using biometric submissions to identify the individual. The
collected information includes identifiable descriptions and notations
of arrests, detentions, indictments, 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 individual
in the criminal justice system or driving record information maintained
by the department under Texas Transportation Code, Chapter 521, Subchapter
C. An individual with criminal history record information on file
with the Federal Bureau of Investigation (FBI) must contact the FBI's
Special Correspondence Bureau to request a copy of their national
criminal history record information to review. Information related
to national criminal history record information can be found on the
department's website in the Texas personal review instructions.
(b) An individual can schedule a fingerprinting appointment
by visiting https://www.dps.texas.gov/section/crime-records/fingerprinting-services
or by submitting approved fingerprint cards to the department's vendor.
Out-of-state applicants may choose to schedule an appointment at the
nearest location if available. Information related to submissions
can be found on the department's website.
(1) Biographical data to further help in the positive
identification of the subject being fingerprinted must be provided
at the time of the appointment. This data is confidential and may
not be released by the department unless authorized.
(2) An individual must pay the $15 Texas criminal history
record information fee, and the $10 fingerprinting fee. The total
$25 fee must be paid via credit card, debit card, business check or
money order at the time services are rendered. Personal checks and
cash are not accepted. There may be an additional fingerprinting fee
if processed at an out-of-state location.
(3) An individual must present an approved government
issued photo identification document and be fingerprinted by the department's
designee. For a list of approved identification documents please visit
https://www.dps.texas.gov/section/crime-records/fingerprinting-services.
(4) An individual may elect to receive personal criminal
history record information via e-mail or mail. Results delivered via
e-mail will be sent within three business days of successful fingerprinting.
Results delivered via mail will be sent to the address on file within
ten business days.
(c) An individual unable to schedule an appointment
at a fingerprinting location or 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) Biographical data to further help in the positive
identification of the subject being fingerprinted must be provided
at the time of fingerprinting. This data is confidential and may not
be released by the department unless authorized.
(2) The individual must pay the $15 Texas criminal
history record information fee and the $10 fingerprinting fee. The
total $25 fee must be paid via credit card or debit card at the time
of enrolling the hard cards to be submitted by mail. Personal checks
and cash are not accepted. There may be additional fingerprinting
fees if hard cards are completed by a law enforcement agency and/or
an agency that is trained and certified to roll fingerprints.
(3) An individual must present an approved government
issued photo identification document and be fingerprinted by the department's
designee. For a list of approved identification documents please visit
https://www.dps.texas.gov/section/crime-records/fingerprinting-services.
(4) An individual may elect to receive personal criminal
history record information via e-mail or mail. Results delivered via
e-mail will be sent within three business days of successful fingerprinting.
Results delivered via mail will be sent to the address on file within
ten business days. Multiple duplicate copies of personal criminal
history record information may not be able to be sent by the department.
(e) A request for review of personal Texas criminal
history record information expires 30 calendar days after the date
submitted. After 30 calendar days, a new request must be initiated.
(f) If an individual believes criminal history record
information maintained by the department is incorrect or incomplete,
the individual may visit: https://www.dps.texas.gov/section/crime-records-service/criminal-history-error-resolution
and complete the required forms.
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| 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; amended to be effective September 15, 2016, 41 TexReg 7120; amended to be effective May 11, 2023, 48 TexReg 2379 |
