Comal County, Texas Arrest Records
Arrest records are documents containing details about an individual's apprehension and detention by law enforcement for a crime. Arrest records are usually the initial entries in an individual's criminal history record. In Comal County, the Sheriff's Department is the primary law enforcement agency responsible for arrests, with supporting police departments having jurisdiction over city-level offenses.
Arrest records are subject to the Texas Public Information Act as public records and to the Texas Government Code, Chapter 411, Subchapter F. The latter law governs the management and dissemination of criminal history records in the state.
Are Arrest Records Public Information in Comal, Texas?
Yes. Arrest records in Comal County are public information under the Texas Public Information Act (TPIA). The general access rule under the TPIA is that all information collected, generated, and maintained by a governmental body in connection with official business is presumed to be available to the public. This means that all such records of law enforcement agencies, including arrest records, are considered public.
Although the TPIA provides broad access to arrest records, other state laws also affect how arrest records are disclosed and the kind of information that may be withheld. For example, the Texas Family Code § 58.007, a law outside the general Public Information Act, directly governs how law enforcement maintains and divulges juvenile arrest information. In Texas, the following arrest information is usually non-public.
- Sensitive personal identifiable information
- The identity of the victim of certain crimes
- Medical data
- Sealed and expunged records
Comal County Arrest Search
Individuals can access Comal County arrest records through the Texas Department of Public Safety (DPS). The DPS maintains statewide criminal history records, which are a compilation of a person's arrest records, convictions, and other interactions with the state's criminal justice system. A search for a person's criminal history record may be done on the Criminal History Name Search Portal. However, use of the portal is restricted to authorized criminal and non-criminal justice agencies because these records are confidential under state law. Individuals may obtain their own criminal record by conducting a fingerprint-based search.
Individuals can also obtain arrest records at the federal level from the Federal Bureau of Investigation. All criminal records maintained by the FBI, such as those maintained by the Texas DPS, are confidential. The FBI only releases criminal records to the subject of the record. Individuals may send in requests for their records to the FBI online, by mail, or through an FBI-approved channeler.
Comal County Inmate Locator
In Comal County, arrest records are primarily maintained by the police agency that made the arrest. These records are accessible to the public, unlike those maintained by the Texas DPS and the FBI. Researchers may access a record by visiting the agency and providing information that can be used to identify and locate the record. Researchers may be asked to pay a fee for a copy of the record.
Additionally, individuals may access arrest records online in Comal County through the Comal County Records Search Portal. The portal provides access to jail records and criminal court records, which usually contain arrest information. Both records can be searched using the name on the record.
Active Warrant Search in Comal County
An arrest warrant is a signed judicial document directing law enforcement officials to arrest a specific individual. A warrant is issued when a prosecutor or police officer provides a sworn affidavit establishing probable cause that the individual committed a crime. Under the Texas Code of Criminal Procedure, Chapter 15, a valid warrant must
- Be issued in the name of "The State of Texas."
- Specify the name of the person to be arrested (or a clear description if the name is unknown).
- State the offense the person is accused of committing.
- Be signed by a magistrate or a judge.
Unlike many court orders, arrest warrants in Comal County do not expire; they remain active until the person is apprehended, the warrant is recalled by a judge, or the person passes away. Individuals can inquire about active warrants by visiting the Sheriff's Office or calling the Sheriff's Warrants Division at (830) 620-3411. Notably, a personal inquiry may lead to an immediate arrest if a warrant is found. The Sheriff's Office also publicly provides a list of the Most Wanted people in the county.
How to Find Arrest Records for Free in Comal County
Individuals seeking free access to arrest records in Comal County may need to opt for electronic access instead of in-person access. In-person access requires visiting the arresting department and interacting with the office staff, who may spend some time locating the record. Requesters may be asked to pay a fee for the time spent and the copy of the record produced.
However, accessing arrest records through the Comal County Records Search portal is free. Individuals may freely search for arrest information contained in jail records or criminal cases. Certain limitations exist when searching arrest records online. Jail records only provide arrest information on persons currently incarcerated, and arrest information may not always be present in a criminal case record.
Comal County Arrest Report
Arrest records and arrest reports are two terms often used interchangeably, but they refer to different types of documentation maintained by law enforcement. An arrest record is a summary of the arrest incident, while an arrest report is a detailed narrative of the arrest written by the officer who made the arrest.
To obtain an arrest report, individuals will need to contact the agency/department responsible for the arrest (e.g., the Sheriff's Office or the New Braunfels Police Department). For an arrest report filed at the Sheriff's Office, individuals may request in person or submit an Open Records Request. For records maintained by the New Braunfels Police Department, an open records request can be submitted through the department's Open Records Center.
How to Get an Arrest Record Expunged in Comal County
The process of clearing an arrest record in Comal County depends on the outcome of the case. In Texas, there are two paths for clearing an arrest record. One is expunction, and the other is sealing (also called a nondisclosure). An expunction permanently erases the record, while a nondisclosure seals the record from the general public but leaves it visible to law enforcement. These options are governed by Chapter 55A (for expunction) of the Texas Code of Criminal Procedure, and Chapter 411, Subchapter E-1 (nondisclosure) of the Texas Government Code.
Expunction and nondisclosures are not available to everyone with an arrest record. An individual is generally eligible to have their arrest record expunged if
- They were acquitted of the charges at trial. This does not cover convictions that are later reversed, except those reversed on grounds of innocence.
- The charges were dismissed, and the statute of limitations for the crime has expired.
- No charges were filed, and the waiting period has passed.
- The individual received a pardon from the governor of Texas or the president of the United States.
- The individual was a victim of identity theft, that is, someone else who was arrested used their name.
The wait periods for expunction of eligible offenses are as follows:
- Class C misdemeanor: 180 days
- Class A or B misdemeanor: 1 year
- Felonies: 3 years
There is no wait period for those who were acquitted at trial, had the indictment dismissed, pardoned for actual innocence, or were victims of identity theft.
Individuals are generally not eligible to have their records expunged if they were convicted, received probation, deferred adjudication, or accepted a plea deal. However, they may be able to seal the record. This is common for those who completed Deferred Adjudication, especially first-time nonviolent misdemeanors, which qualify automatically after 180 days. Eligibility for nondisclosure requires meeting a certain baseline, which includes
- Completion of the deferred adjudication
- Having no new offense beyond traffic fines during the wait period
- Not have a sex or violent offense conviction
Below are the wait periods before filing for an order of nondisclosure for eligible offenses
- Nonviolent misdemeanors (first-time offenders): 180 days
- Serious misdemeanors: 2 years
- Felonies: 5 years
- DWI misdemeanors: 2 to 5 years, provided no accident happened
Individuals eligible for a sealing or expunction may initiate the process by filing a petition with the Comal County District Court. The court will review the petition and may grant or deny it afterwards.
How Do You Remove Arrest Records From the Internet?
Removing arrest records from the internet is a two-way process. First, individuals will need legal backing, which involves obtaining an expunction or nondisclosure order and then having the record cleaned up from the internet. For government-owned sites, this process is automatic, but for private websites, individuals may need to take action to have their arrest records cleared from the internet.
To clear up arrest information on private websites, individuals may contact the relevant websites directly. Many websites include a contact form or contact data, such as an email address, phone number, or address, to allow for inquiries. When making contact, individuals should clearly identify the record in question, request its removal, and provide a copy of the relevant court order as proof.
Under Section 109.005 of the Texas Business and Commerce Code, a business is prohibited from disclosing criminal record information after it has been notified that the record has been sealed or expunged. If a website fails to stop disclosing the record after receiving proper notification, individuals may pursue legal action against it.
What Do Public Arrest Records Contain?
The following details are usually captured in public arrest records in Comal County.
- The arrestee's name
- The arresting agency
- The arrest date
- The arrest charges and the level of the charge
- Booking information
- Bail information