Section 27.1 - Right of Review(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.(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.(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.37 Tex. Admin. Code § 27.1
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 by Texas Register, Volume 41, Number 37, September 9, 2016, TexReg 7120, eff. 9/15/2016; Amended by Texas Register, Volume 48, Number 18, May 5, 2023, TexReg 2379, eff. 5/11/2023