The Petition Expunction Texas form is a legal document used by individuals seeking to clear their names by having their arrest records destroyed and removed from public access under specific qualifying conditions set by the Texas Code of Criminal Procedure, Chapter 55. This form plays a crucial role in the expungement process, allowing petitioners to formally request the expunction of any and all records related to their arrest, provided they meet certain criteria. If you believe you qualify for an expunction and wish to reclaim your privacy and reputation, consider filling out the Petition Expunction Texas form by clicking the button below.
The Petition for Expunction form in Texas serves as a crucial legal document for individuals seeking to clear their arrest records under specific circumstances as outlined in the Texas Code of Criminal Procedure, Chapter 55. This comprehensive form necessitates detailed information from the petitioner, encompassing personal identification details, the nature of the offense and arrest, and the legal grounds qualifying the petitioner for expunction. The grounds for expunction include scenarios such as never being charged, dismissal of charges, acquittal, pardon, or an actual innocence declaration, each accompanied by distinct eligibility criteria. Furthermore, the petitioner must identify all law enforcement and governmental agencies possessing records of the arrest to be notified. A significant portion of the form is dedicated to procedural aspects, guiding petitioners through the process of serving notice to relevant bodies and requesting the court’s order for expunction. To succeed in having records expunged, the petitioner must convincingly argue their case, adhering to the specified legal and procedural requirements. The form also emphasizes the petitioner's role in affirming the truthfulness of the provided information, underlining the seriousness and formal nature of the process. The Petition for Expunction form, therefore, stands as a gateway for eligible individuals seeking legal relief and a fresh start, free from the burdens of a past arrest record.
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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Filing a Petition for Expunction in Texas is a legal process that allows individuals to erase records of an arrest under certain conditions. This complex process requires detailed information and careful adherence to guidelines. The instructions below outline the steps to complete the form accurately. Consulting with an attorney is advisable to ensure the petition is submitted correctly and all legal aspects are considered. Following these instructions does not guarantee expunction but is the required first step in the process.
After submitting the Petition for Expunction, the court will review the submitted documentation and, if everything is in order, set a hearing date. During the hearing, the court will determine whether the conditions for expunction are met. If the petition is granted, the court will issue an order of expunction, directing agencies with records of the arrest to either destroy them or return them to the court for destruction.
A Petition for Expunction in Texas is a legal document that requests the expunction, or removal, of certain arrest records from an individual’s criminal history. If granted, the expunction order directs that all records of the arrest, including police reports, court records, and criminal history records, be destroyed or sealed, effectively erasing that part of the petitioner's criminal record.
Eligibility for an expunction in Texas varies based on several factors related to the arrest and any subsequent legal proceedings. Individuals may qualify if they were:
Specific conditions apply, such as time periods since the arrest or dismissal, and lack of convictions for other offenses arising out of the same arrest.
To complete the Petition for Expunction form, you will need to provide detailed information about yourself, the arrest, and any subsequent legal actions. This includes:
You must list all agencies that may have records of your arrest in your petition. These typically include the police department that made the arrest, the county sheriff's office, the Texas Department of Public Safety, the district attorney's office, and any court where your case was heard. If you are uncertain, consult with an attorney to ensure all relevant agencies are included.
After you file your petition, the court will set a hearing date. You must provide notice of the petition and the hearing to each agency listed in your petition. At the hearing, the judge will review your case and decide whether to grant your request for expunction. If granted, the court will order all listed agencies to either return the records to the court for destruction or to destroy them themselves and remove any public references to your arrest.
The duration of the expunction process can vary significantly based on the complexity of the case, the workload of the court, and how promptly the involved agencies respond. On average, the process can take anywhere from a few months to over a year.
Yes, if your petition for expunction is denied, you have the right to appeal the decision. The appeal process involves filing a notice of appeal with a higher court and presenting your case as to why the expunction should have been granted. It's beneficial to seek legal advice when considering an appeal.
While it is possible to file a petition on your own, the expunction process can be complex and the eligibility requirements are specific. Consulting with an attorney who is experienced in Texas expunction law can provide guidance, help avoid delays, and increase the likelihood of a successful outcome.
When filling out the Petition for Expunction in Texas, there are common mistakes individuals often make. Recognizing and avoiding these errors can significantly influence the outcome of the expunction process. Detailed below are five frequently observed mistakes:
Failing to fill out the personal information section completely and accurately. A routine mistake is not providing the full legal name or incorrectly entering the birth date, social security number, or driver’s license number, causing delays or rejections of the petition.
Incorrectly listing the offense and arrest details. This includes mistakes in the date of the offense, arrest date, location of the arrest, and details about the arresting agency. Precision in recollecting and documenting these specifics is crucial for the expunction application’s success.
Misunderstanding the eligibility criteria under the Grounds for Expunction section. Applicants sometimes check off conditions that don't apply to their situation because they haven't confirmed whether their case meets the criteria for never being charged, dismissal, acquittal, pardon, or recommendation by the prosecutor for expunction.
Omitting necessary documentation or providing incomplete information regarding the disposition of the case. This encompasses neglecting to attach copies of required documents such as court orders, judgments of acquittal, or pardons, and not fully detailing charge dismissals or probations.
Not correctly listing all agencies holding records of the arrest in the Agencies with Records section. Applicants often overlook or are unaware of some agencies that possess records related to their arrest, leading to an incomplete expunction of their records.
By paying attention to these details and ensuring that all sections of the Petition for Expunction are completed meticulously and accurately, applicants can improve their chances of successfully expunging their records in Texas.
When navigating the process of expunction in Texas, individuals often find themselves dealing with a complex legal framework that requires thorough documentation beyond the initial petition. Preparing and presenting a compelling case for the expunction of records can greatly benefit from a comprehensive approach, which includes understanding and submitting additional forms and documents that support the expunction petition. Here is a list of five crucial forms and documents commonly used alongside the Petition for Expunction form.
This grouping of documents ensures that every aspect of the expunction process is addressed, from identifying the records accurately to ensuring compliance by the agencies that hold these records. The complexity of the process underscores the importance of a meticulous approach, where each form and document plays a pivotal role in achieving a successful expunction of arrest records in Texas. Applicants and their legal representatives must prioritize completeness and accuracy in documentation to navigate this path effectively. Understanding and preparing these supplementary documents in conjunction with the Petition for Expunction can significantly enhance the likelihood of a favorable outcome.
The Petition for Non-Disclosure in Texas shares some procedural and eligibility similarities with the Petition for Expunction. Both involve a petitioner requesting the court to limit public access to certain types of records, although they serve slightly different purposes. While expunction orders the destruction or sealing of an individual’s arrest records, non-disclosure merely restricts access to the records, keeping them hidden from the public view but still accessible to certain government entities. Each process has its own set of eligibility criteria defined by Texas law.
The Motion to Set Aside a Conviction is another document similar to the Petition for Expunction. This motion asks the court to vacate a legal judgment against a petitioner, potentially leading to the erasure of the conviction from their criminal record. Though the end goals of setting aside a conviction and expunging records might overlap—primarily being to clear an individual’s name—their legal paths differ. Expunction focuses exclusively on records, not the conviction itself, whereas setting aside a conviction targets the judicial decision directly.
A Certificate of Actual Innocence goes a step further than the Petition for Expunction by not only seeking to clear an individual's record but also officially recognizing their wrongful conviction for a crime they did not commit. This certificate is one of the strongest forms of exoneration, as it affirms the person’s total innocence. Like expunction, it results in the clearing of one’s criminal record but adds the significant weight of an official declaration of innocence.
Application for Sealing Juvenile Records is another form that parallels the objectives of a Petition for Expunction, targeting the records pertaining to offenses committed by minors. Though both applications aim to shield the individual’s past from affecting their future opportunities, the process and eligibility criteria for sealing juvenile records are dictated by specific statutes focused on the age of the offender and the nature of their offenses, reflecting the justice system's tendency toward rehabilitation for young offenders.
The Petition for Clemency, which might include pardons, commutations, and reprieves, shares a conceptual similarity with expunction in that both involve a petitioner seeking relief from the consequences of a criminal offense. However, clemency is broader and can affect both the execution of sentences and the records of conviction, depending on its type. Clemency is granted by executive power, typically by a governor or the President, and doesn’t always guarantee the removal of criminal records like expunction does.
A Request for Identity Theft Victim’s Rights serves a unique but related purpose to the Petition for Expunction by helping individuals who have had their personal information criminally misused. Victims of identity theft may seek expunction of falsely accrued records under their name. While both documents aim to clear the individual’s record, the identity theft request specifically addresses crimes committed under the victim's stolen identity, offering a legal pathway to rectify records without necessarily proving innocence of the underlying crime.
Record Restriction Request forms, available in some states outside of Texas, offer a process similar to expunction but under different legal frameworks. These requests typically aim to limit the accessibility of criminal records to the public, similar to non-disclosure, but may include eligibility for expunction or sealing under certain conditions. The terminology and procedure might differ, but the overarching goal mirrors that of a Petition for Expunction: to alleviate the long-term consequences of having a criminal record.
The Application for Correction of Military Record mirrors the Petition for Expunction in its goal of rectifying unjust or incorrect information that can negatively impact an individual’s life. Though one pertains to civilian criminal records and the other to military service records, both seek to address and correct inaccuracies or injustices. Each requires submitting detailed information and evidence to a reviewing authority to make a case for why the record should be changed.
Filling out the Petition for Expunction in Texas is a critical step for individuals seeking to clear their record of past arrests. To ensure the process goes smoothly and enhances your chances for approval, here are five things you should do and five things you shouldn't do:
What You Should Do:
What You Shouldn't Do:
Adhering to these dos and don'ts can significantly influence the outcome of your expunction petition. Remember, the goal is to present a thorough and accurate request to the court, highlighting your eligibility for expunction under the law. Taking the time to carefully prepare your petition can help clear the path towards a fresh start.
Many individuals misunderstand the process and requirements for filing a Petition for Expunction in Texas. It is crucial to clarify these misconceptions to ensure that those seeking to clear their record are correctly informed.
This belief is inaccurate. Expunction in Texas is limited to specific situations, such as when the arrest did not lead to a charge, the charge was dismissed, or in certain cases of acquittal or pardon. The criteria are outlined under the Texas Code of Criminal Procedure, Chapter 55, indicating that not all arrests qualify for expunction.
Expunction does not occur automatically. Even after a case dismissal or acquittal, one must actively petition the court for an expunction. This process involves filing a Petition for Expunction and potentially appearing in court to argue for the expunction of the arrest records.
While it is technically possible to file for expunction without an attorney, navigating the legal system and understanding the nuances of the Texas Code of Criminal Procedure can be challenging. Consulting with an attorney ensures the petition is correctly filed and increases the chances of a successful expunction.
Expunction and non-disclosure (sealing of records) are distinct legal remedies. Expunction results in the deletion of all records of an arrest, effectively erasing it, whereas non-disclosure simply seals the record from public view but does not erase it. Certain convictions that do not qualify for expunction may still be eligible for non-disclosure.
In summary, understanding the specific requirements and processes for filing a Petition for Expunction in Texas is crucial. Misconceptions can lead to confusion and potentially unsuccessful attempts to clear one’s record. It is advisable to seek professional legal advice to navigate this complex area of law effectively.
Filing a Petition for Expunction in Texas is a critical process for individuals seeking to clear their arrest records. Understanding the key elements involved can greatly improve the chances of a successful petition. Here are several takeaways to consider:
Seeking the assistance of an attorney to navigate the complexities of the expunction process can be invaluable, ensuring that your petition is filed correctly and increasing the likelihood of a favorable outcome.
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