Study on Record Retention, Availability & Access of Records Regarding Fine-Only Misdemeanors

The 85th Legislature’s Senate Bill 47 directed OCA to study the ways non-traffic fine-only (Class C) misdemeanor records are held in Texas. Specifically, Senate Bill 47 (SB 47) required OCA’s study to address: 

1. The public availability of conviction records for misdemeanors punishable by fine only;

2. The public availability of records relating to suspension of sentence and deferral of final disposition under Article 45.051 (Suspension of Sentence and Deferral of Final Disposition), Code of Criminal Procedure, for misdemeanors punishable by fine only;

3. The public availability of records described by sections (1) or (2) that are related to a child younger than 18 years of age;

4. Whether public access to and availability of records described by sections (1) through (3) have been expanded or restricted by the county over time;

5. Whether local agencies holding records described by sections (1) through (3) destroy those records;

6. The reasons and criteria for any destruction of records described by sections (1) through (3); and

7. The retention schedule of each local agency holding records described by sections (1) through (3), if the agency routinely destroys those records.

• Study on Record Retention, Availability & Access of Records Regarding Fine-Only Misdemeanors