Art. 61.09. JUDICIAL REVIEW. (a) A person who is entitled to seek judicial review of a determination made under Article 61.08(b)(2) may file a petition for review in district court in the county in which the person resides.
(b) On the filing of a petition for review under Subsection (a), the district court shall conduct an in camera review of the criminal information that is the subject of the determination to determine if:
(1) reasonable suspicion exists to believe that the information is accurate; and
(2) the information complies with the submission criteria under Article 61.02(c).
(c) If, after conducting an in camera review of criminal information under Subsection (b), the court finds that reasonable suspicion does not exist to believe that the information is accurate or that the information does not comply with the submission criteria, the court shall:
(1) order the law enforcement agency that collected the information to destroy all records containing the information; and
(2) notify the department of the court's determination and the destruction of the records.
(d) A petitioner may appeal a final judgment of a district court conducting an in camera review under this article.
(e) Information that is the subject of an in camera review under this article is confidential and may not be disclosed.
Added by Acts 1999, 76th Leg., ch. 1154, Sec. 7, eff. Sept. 1, 1999.
Article: Previous 61.01 61.02 61.03 61.04 61.05 61.06 61.07 61.075 61.08 61.09 61.10 61.11 NextLast modified: September 28, 2016