The Petition for Expunction in Texas is a legal form that allows individuals to request the removal of certain arrest records from public view. This process can be crucial for those seeking to move forward in their lives without the burden of past mistakes affecting their future opportunities. If you believe you qualify for expunction, consider filling out the form by clicking the button below.
The Petition for Expunction in Texas serves as a crucial legal tool for individuals seeking to erase the remnants of an arrest from their records. This form is not merely a document; it embodies the hope for a fresh start. When completed, it requires detailed personal information about the petitioner, including their name, address, and the specifics surrounding their arrest. Essential elements include the nature of the offense, the arrest date, and the agency involved in the arrest. The form also prompts the petitioner to clarify whether they have been charged with an offense related to the arrest, and if so, to provide information about the court and cause numbers associated with their case. Grounds for expunction are clearly outlined, allowing individuals to indicate if they were never charged, had their charges dismissed, were acquitted, or received a pardon based on actual innocence. Additionally, the form emphasizes the importance of identifying any agencies that may hold records pertinent to the case, ensuring that all relevant parties are notified. Finally, a prayer section requests the court to take specific actions regarding the expunction of records, culminating in a verification process to affirm the accuracy of the information provided. This structured approach not only facilitates the legal process but also empowers individuals to reclaim their narratives.
EX PARTE
Cause No:
______________________________________
(Print your first, middle and last names.)
In the __________
District Court of:
_______________________ County, Texas
Petition for Expunction
My name is ______________________________________________________.
(Print your first, middle, and last names.)
I am the Petitioner in this case.
I ask this Court to ORDER the expunction of any and all records arising out of my arrest, described below:
1. Information about Petitioner (You)
1. My name is: ______________________________________________________.
(PRINT your first, middle and last names.)
2. My gender is
male.
female.
3.My race is: _______________________________________________________.
4.My birth date is: ____________________________________
(month, day, and year.)
5.My driver’s license number is: ________________________________________.
6.My social security number is: _________________________________________.
7.My address at the time of the arrest was:
________________________________________________________________.
(PRINT your address at the time of the arrest: street, city, state, and zip.)
2.Offense and Arrest
1. Offense: ______________________________________________________________
(List the offense.)
2.
Alleged Offense Date: ____________________________________________________
(date the offense was allegedly committed)
3.
Arrest Date: ___________________________________________________________
(date of arrest)
4.
Location of Arrest: _______________________________________________________
(city, county, and state where you were arrested)
5.
Arresting agency: _______________________________________________________
(List the agency that arrested you. For example, Austin Police Dept. or Travis County
Sheriff’s Dept. or Department of Public Safety, etc.)
6.
DPS tracking number: ____________________________________________________
(Get this number from your criminal history record with the Dept. of Public Safety.)
© TexasLawHelp.org, Petition for Expunction, December 2013
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Texas Code of Criminal Procedure, Chapter 55
7.(If you have a court cause number or paid a fine you were probably charged with an offense. Talk to an attorney if you’re not sure.)
(Check one.)
I have not been charged with any offense relating to my arrest. (Skip 8.)
I was charged with an offense relating to my arrest. (Go to 8.)
8.(The official charges related to your arrest may have started in one court, and been assigned a cause number, but later transferred to another court, and assigned a different cause number. You need to list the information about all courts and cause numbers that were assigned to your case.)
My charges were originally filed in __________________________ court, and assigned
the following cause number: ____________________________________.
My charges were finally prosecuted in: (Check one.)
the original court, with the same cause number.
the following court: ______________________________________________, with
the following cause number: __________________________________________.
9. My arrest was not pursuant to a probation revocation warrant. of an arrest that occurs pursuant to a probation revocation warrant.)
3. Grounds for Expunction (Check the box of the ground that applies to your case.)
3a.
Never Charged (You were never charged with any offense relating to your arrest, and you meet at least one of the following conditions.)
I have not been charged for an offense relating to my arrest and:
(Check all that apply.)
I was arrested for a Class C misdemeanor and it has been at least 180 days since the arrest. I have not been charged with a felony arising out of the same transaction for which I was arrested. **(See note below.)
I was arrested for a Class A or B misdemeanor and it has been at least one year since the arrest. I have not been charged with a felony arising out of the same transaction for which I was arrested. **(See note below.)
I was arrested for a felony and It has been at least three years since the arrest. **(See note below.)
The prosecuting attorney has certified that my arrest records and files are not needed for use in any criminal investigation or prosecution, including an investigation or prosecution of another person.
The Statute of Limitations has run completely for all offenses that could be charged from the arrest. This includes any tolling period that may have occurred. (See Article 12 of the Texas Code of Criminal Procedure for a complete list of the Statute if Limitations for all felonies. The Statute of Limitations for all misdemeanors is two years. The Statute of Limitations begins on the date of the alleged offense. Certain conditions may temporarily stop the Statute of Limitations. Ask an attorney to help you determine if the Statute of Limitations has completely run in your case.)
**(If you ask the Court to expunge your arrest records under this ground before the Statute of Limitations has run, the Court will allow the arresting law enforcement agency and prosecutor to keep your arrest records unless you also file a letter from the prosecutor certifying that your arrest records and files are not needed for use in any criminal investigation or prosecution.)
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3b. Dismissed (Your charges were dismissed, and you meet the following conditions.)
My charges were dismissed or quashed on ___________________________________.
(month, day and year that the charges were dismissed.)
I have attached a copy of the order dismissing or quashing the charges to this Petition.
I have been released, and the charge against me has not resulted in a final conviction, and is no longer pending.
I have not submitted to any kind of court ordered supervision for the offense, unless the offense was a Class C misdemeanor.
I did not intentionally or knowingly abscond (jump bail) from the court’s jurisdiction after being released on bail following this arrest.
My charges were dismissed or quashed:
because I completed a pretrial intervention program authorized under Section 76.011, Government Code or because I was charged due to mistake, false information, or other similar reason indicating absence of probable cause to believe I committed the offense or because the indictment or information was void.
and prosecution is no longer possible because the Statute of Limitations has run completely for all offenses that could be charged from the arrest. This includes any tolling period that may have occurred. (See Article 12 of the Texas Code of Criminal Procedure for a complete list of the Statute if Limitations for all felonies. The Statute of Limitations for all misdemeanors is two years. The Statute of Limitations begins on the date of the alleged offense. Certain conditions may temporarily stop the Statute of Limitations. Ask an attorney to help you determine if the Statute of Limitations has completely run in your case.)
3c.
Acquitted (You were acquitted of your charges.)
(Check one)
I was acquitted by the trial court. I was not convicted of another offense occurring during this same arrest/alleged criminal episode. No other offense can be charged against me out of this same arrest/ alleged criminal episode. I have attached a copy of the judgment of acquittal to this Petition.
I was acquitted by the Court of Criminal Appeals or a court of appeals and the period for granting a petition for discretionary review has expired. I was not convicted of another offense occurring during this same arrest/alleged criminal episode. No other offense can be charged against me out of this same arrest/ alleged criminal episode. I realize that it is within this Court’s discretion to expunge my arrest record. I am asking this court to expunge my records. I have attached a copy of the judgment of acquittal to this Petition.
3d. Pardoned or Granted Relief Based on Actual Innocence (You were pardoned by the governor or otherwise granted relief by a court based on your actual innocence.)
I was convicted, but later pardoned. I have attached a copy of the pardon to this Petition.
I was convicted, but later pardoned or otherwise granted relief based on my actual innocence. I have attached a copy of the pardon or court order to this Petition. The
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pardon or court order clearly shows on its face that it was granted based on my actual innocence.
3e. Prosecutor Recommends Expunction
I have not been tried for the offense for which I was arrested and the prosecutor, authorized to prosecute the offense for which I was arrested, recommends the records of the arrest be expunged.
The prosecuting attorney has recommended that the records of my arrest be expunged.
4. Agencies with Records
I have reason to believe that the following named officials, agencies, and public entities have files or records subject to expunction and should be served with notice of this Petition
(List the NAMES and ADDRESSES of all officials, agencies and public entities that may have files or records of your arrest. You can find examples of agencies that may be included in a Travis County case in the information brochure for expunctions found on www.TexasLawHelp.org .)
(If you aren’t sure which agencies you should list in your petition, consult with an attorney for legal advice. Attach additional sheets if necessary)
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5. Prayer
I ask the Court to set the case for hearing, and after giving reasonable notice to each official or agency or other entity named in Paragraph 4, order the official, agency or entity to:
1.return all records concerning this arrest to the Court for delivery to me; or if removing the records is not practical, to destroy the records and notify the Court of their destruction, and
2.delete from its public records all index references to the records and files that are subject to the expunction order, and
3.direct any state agency that sent information concerning the arrest to a central federal depository to request the depository to return all records and files subject to the expunction order.
Respectfully submitted,
Petitioner’s signatureDate
_______________________________________________
(
)
Petitioner’s name (print)
Phone number
Mailing address:
street address
city
state
zip
VERIFICATION
Before me, the undersigned notary, personally appeared the Petitioner named herein, who, having been duly sworn stated:
“I am the Petitioner in this Petition for Expunction. I have read this Petition for Expunction and all fact stated in it are true and correct.”
Do not sign until you are in front of the notary!
Petitioner signs in front of a notary
Date
Notary fills out below.
State of Texas, County of
(Print the name of county where this affidavit is notarized.)
Sworn to and subscribed before me, the undersigned authority, on this date:
by _______________________________________________________________________________.
(Print the first and last names of the person who is signing this affidavit.)
(Notary’s seal here)
Notary’s signature
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Filling out the Petition for Expunction in Texas is a crucial step for individuals seeking to clear their criminal records. Once you have completed the form, you will need to file it with the appropriate court and follow up with any required hearings. Below are the steps to help you fill out the form accurately and efficiently.
After completing the form, ensure all information is accurate and complete. You will then need to file the petition with the appropriate court and await further instructions regarding your hearing. Keep copies of everything for your records.
What is a Petition for Expunction in Texas?
A Petition for Expunction is a legal request to erase or remove records related to an arrest or criminal charge. This process allows individuals to clear their criminal history under certain circumstances, making it easier for them to move forward without the stigma of an arrest record. The petition must be filed in the appropriate district court in Texas.
Who can file a Petition for Expunction?
Generally, individuals who have been arrested but not convicted of a crime may file for expunction. This includes cases where charges were never filed, charges were dismissed, or the individual was acquitted. Specific eligibility criteria must be met, which can vary depending on the nature of the arrest and the outcome of any related legal proceedings.
What information is required to complete the Petition?
The Petition requires detailed personal information, including:
Providing accurate and complete information is crucial to the success of the petition.
What grounds can I use to request an expunction?
There are several grounds for requesting an expunction, including:
Each ground has specific requirements that must be met, so it's important to understand which applies to your situation.
What happens after I file the Petition for Expunction?
Once the petition is filed, the court will set a hearing date. All relevant officials, agencies, and entities will be notified. During the hearing, the court will review the petition and any objections that may arise. If the court approves the expunction, it will issue an order directing the destruction of the records or their return to the court.
Can I represent myself in this process?
While individuals can file a Petition for Expunction on their own, seeking legal advice is often beneficial. An attorney can help ensure that all necessary documents are completed accurately and that all legal requirements are met. This can increase the likelihood of a successful expunction.
Completing the Petition Expunction Texas form can be a straightforward process, but many individuals make common mistakes that can delay or complicate their case. Understanding these pitfalls is essential to ensure a smooth application. One frequent error is failing to provide complete and accurate personal information. It's crucial to print your full name, including your first, middle, and last names, as required. Omitting any part of your name or misrepresenting your identity can lead to significant issues down the line.
Another common mistake involves not correctly identifying the offense and arrest details. When filling out the section regarding the offense, it is important to be precise about the nature of the arrest and the corresponding dates. Inaccuracies or vague descriptions can result in the court rejecting your petition or requesting additional information. Ensure that you have the correct arrest date, alleged offense date, and the name of the arresting agency, as these details are vital for processing your request.
Many people also overlook the requirement to check the appropriate box regarding whether they were charged with an offense. This step is crucial because it dictates the grounds for expunction. If you were charged, you must provide information about all courts and cause numbers related to your case. Neglecting to do so can lead to confusion and may result in your petition being dismissed.
Lastly, failing to attach necessary documentation can be detrimental. For instance, if your charges were dismissed, you must include a copy of the order dismissing those charges. Without this supporting documentation, the court may not have enough information to grant your request. Ensuring that all required attachments are included will strengthen your petition and help facilitate a more efficient review process.
The Petition Expunction form in Texas is often accompanied by several other documents that help facilitate the expunction process. Each of these documents serves a specific purpose, ensuring that all necessary information is provided to the court. Below is a list of commonly used forms and documents associated with the Petition Expunction.
Gathering these documents is essential for a successful expunction process. Each document plays a vital role in ensuring that the court has all the necessary information to make an informed decision regarding the expunction request.
When filling out the Petition Expunction Texas form, there are important considerations to keep in mind. Here are five things you should and shouldn't do:
By following these guidelines, you can help ensure that your petition is processed smoothly and efficiently.
Filling out the Petition Expunction Texas form can be a crucial step toward clearing your criminal record. Here are some key takeaways to keep in mind:
By following these steps, you enhance your chances of successfully expunging your arrest record. Each detail matters, so take the time to fill out the form carefully.