SINTON, Tx — Courts across the Coastal Bend are looking to the future by digitizing criminal records. However, this move has raised concerns over the accessibility of private information.
KRIS 6 was contacted by a resident in San Patricio County and provided with two documents, each purchased from the District Clerk's office. One was purchased through the county's iDocket software, while the other was printed in person by a clerk.
The document obtained through iDocket is a Texas Department of Public Safety report dating back to 2003. That document is stamped with "DPS sensitive" on the bottom.
And, although the case is closed, the document was sealed, meaning it should not be accessible to the public.
The released report contained the names, addresses, birth dates, phone numbers, and places of work of multiple witnesses in a criminal case.
Learning that this information was available for anyone to purchase, 6 Investigates immediately contacted the San Patricio County District Clerk's Office, where it was promptly removed.
The iDocket software was also taken down from public access and returned to test mode. The company behind iDocket stated that this was the first time they had been "notified of a sealed record being unintentionally exposed."
The company added, "We are actively reviewing other records for anomalies and strengthening our QA and validation steps to prevent recurrence."
The document purchased in person is related to the 2003 case; however, its contents are not meant to be sealed. Despite this, it also contained sensitive information that was left unredacted, including a Social Security number, driver's license number and date of birth.
A redaction request form was added to the San Patricio County District Clerk's website following the initial call from 6 Investigates about the exposure of sealed records.
KRIS 6 reached out to San Patricio County District Clerk Heather Marks, who issued the following statement:
The clerk does not have an affirmative duty to redact publicly filed court records, unless redaction is requested by the individual or their representative.
Marks also cited Texas Government Code §552.147(d), which allows individuals to request the redaction of all but the last four digits of their Social Security number from public records unless required by law. The request must be made in writing using a specific form, and the clerk will then make the changes in a timely manner.
KRIS 6 wanted to learn more about the transition from physical archives to digital space. Sitting down with Lilia Gutierrez, Chief Deputy Nueces County District Clerk.
Regarding the matter in San Patricio County, Gutierrez clarified that the Nueces County District Clerk's office was not in a position to comment on it, as they felt it was not appropriate to do so.
Gutierrez emphasized their efforts in protecting private information. "We have records in Odyssey, and we ask those filing documents to redact any personal information before submission," she said. Gutierrez added the responsibility for redacting such information lies with the attorneys who file motions and documents, ensuring that unredacted information is secured while providing a redacted copy for public viewing.
The Nueces County District Clerk's office adheres to the directives from the Supreme Court of Texas to prevent sensitive information from being accessible online or through the case management system. "It's of utmost concern to me," Gutierrez told KRIS 6.
Gutierrez added there is always a potential for technological glitches. "There are glitches all the time, even with maintenance or upgrades to the case management system."
For the latest local news updates, click here, or download the KRIS 6 News App.
