Public Records To Remain Open in Austin, TX

Watchdog journalists are fighting the state legislature in Austin, TX. A bill by Rep. Diane Patrick, R-Arlington, would keep confidential information such as home addresses and cell phone numbers for public school teachers and employees. But journalists and open records advocates object to what they say is a deal breaker — removing the days and months of birth dates from open records.

Birth dates are used to differentiate common names from one another when searching criminal records. Obstruction of these dates could lead to a false accusations or exoneration. All teachers are required to undergo criminal background checks in Texas but journalists and open records activists believe in checks and balances when it comes to public school teachers.

"We've seen time and time again where school districts are supposed to run criminal background checks, and watchdog groups and journalists are the ones that point out loopholes in the system. This bill takes that watchdog role away," Elkins said.
Thursday's bill is one of several efforts in the Legislature to keep birth dates and other information about public employees private.

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Don't Rely on State Databases for Criminal Records

There are dangerous shortcomings in Texas' DPS Computerized Criminal History database. In a study done by Imperative in October of 2008, found that the DPS was missing 36% of known criminal records- records ranging from simple theft to capital murder.

This means there is a one in three chance of missing criminal records using these databases. Cases that ended in dismissals were also excluded.

Employer often uses this database and other state databases such as Texas' to make important hiring decisions. They are inadequately maintained, and organizations that are concerned about providing a safe (and profitable) work environment should be wary when using them.

Utilizing a County Criminal search is the fail safe way to find records. Using the county level courts and searching every county a potential employee lived in is the only way to ensure you are getting the most thorough background check.

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