SECTION 27.164. Review of Entry

(a) If a person believes an entry or information maintained by the department relating to the person in the DNA Supported Suspected Offender File is inaccurate, the person may return a copy of the department's correspondence and a written request that the department review the information to DNA Supported Suspected Offender File, P.O. Box 4143, Austin, Texas 78765-4143. The request to review entry must allege the department may have entered inaccurate information relating to the person.

(b) Upon receipt of a request to review entry, the department shall review the information to determine whether there is a high likelihood that the information is accurate.

(c) If the department determines there is not a high likelihood the information relating to the person is accurate, the department will:

(1) promptly remove the information from the DNA Supported Suspected Offender File; and

(2) notify appropriate divisions of the department, the investigating criminal justice agency, and the subject of the determination and removal of the information.

(d) If the department determines there is a high likelihood that information relating to the defendant is accurate, the department shall notify the subject of the determination.

Source Note: The provisions of this §27.164 adopted to be effective August 29, 2010, 35 TexReg 7449