The Petition Expunction Texas form is a crucial document for individuals seeking to have their arrest records removed from public access in the state of Texas. It outlines the legal pathway for petitioners to request the expunction of any and all records arising out of a particular arrest, provided they meet specific eligibility criteria set forth in the Texas Code of Criminal Procedure, Chapter 55. This form requires detailed information about the petitioner, the offense, the arrest, and grounds for expunction, highlighting the importance of a thorough and accurate completion process. Individuals interested in pursuing expunction are encouraged to fill out the form by clicking the button below.
In Texas, the process of having an arrest record removed from public access, ensuring privacy and a fresh start for individuals, is formalized through the Petition for Expunction. This petition allows individuals, under specific circumstances, to request that all records of their arrest be expunged, meaning erased as if the arrest never happened. The form is meticulously structured, guiding the petitioner through a series of detailed steps that include providing personal information, describing the arrest, and identifying the agencies holding the records. Additionally, it outlines various grounds upon which expunction can be requested, such as never being charged, charges being dismissed, acquittal, pardon, or based on actual innocence, as well as a recommendation for expunction by a prosecutor. It's a legal tool designed to aid individuals in moving past an arrest by eliminating records that could negatively impact their life and opportunities. Those seeking expunction are required to notify all relevant officials, agencies, and entities that might possess such records, thereby ensuring a thorough process. Moreover, the form includes a section where the petitioner must verify the accuracy of the information provided, under oath, before a notary, emphasizing the seriousness and legal significance of the petition. This pathway offered by the State of Texas reflects an understanding of the importance of second chances and the right to privacy.
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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Understanding the steps to correctly complete the Petition for Expunction in Texas is pivotal for those seeking a fresh start. This process allows individuals to possibly remove an arrest record from public view, under certain criteria, as per the Texas Code of Criminal Procedure, Chapter 55. It's a thorough procedure that requires attention to detail to ensure all the relevant information is accurately provided. Here's a guide to help you through the form:
With the petition accurately completed, the next steps involve submitting the form to the appropriate court and possibly preparing for a hearing. It's advised to consult with an attorney throughout this process to ensure all procedures are correctly followed and to maximize the chances of a successful expunction. This legal pathway can offer individuals the opportunity to move forward without the burden of a past arrest record clouding future opportunities.
Eligibility for filing a Petition for Expunction in Texas varies based on several factors related to the individual's arrest and subsequent legal outcomes. Individuals may qualify if they meet one or more of the following conditions:
If you are unsure about your eligibility, you might want to consult with a legal professional who can provide guidance based on the specifics of your case.
Identifying the agencies that have records of your arrest involves a bit of research. Typically, these agencies include:
To ensure thoroughness, you may need to think about any interactions you had with the criminal justice system following your arrest to identify all possible agencies. If you're uncertain, a legal advisor can help you identify all relevant entities.
The documents required to be attached to your Petition for Expunction can vary based on the grounds for the expunction. Commonly required documents include:
Each situation may require different documentation. Reviewing your circumstances with legal counsel can clarify exactly what you need to include with your petition.
After filing your Petition for Expunction, several steps will occur:
Expunction can be a complex legal process, and the time it takes can vary widely depending on the specifics of your case and the workload of the court.
Filling out the Petition for Expunction in Texas requires meticulous attention to detail and an understanding of the legal prerequisites. Common mistakes can hinder the expunction process, complicating an already daunting task. To ensure a smoother expunction procedure, here are ten common mistakes to avoid:
Not providing complete names as required. It's crucial to include your first, middle, and last names exactly as they appear in official documents.
Leaving out personal identification details, such as gender, race, birth date, driver’s license number, and social security number, can cause delays.
Incorrectly listing or forgetting the address at the time of arrest. Consistency with historical records is key.
Omitting or incorrectly entering the offense, alleged offense date, arrest date, location of arrest, arresting agency, and DPS tracking number can lead to an outright denial.
Failure to accurately document court cause numbers or forgetting to mention if the case was transferred to another court can invalidate your petition.
Incorrectly checking ground for expunction. Understanding whether your case falls under never charged, dismissed, acquitted, pardoned, or another qualifier is crucial.
Not attaching required documents, such as copies of the dismissal order, judgment of acquittal, pardon, or prosecutor’s recommendation, overlooks proof necessary for expunction.
Inadequately listing all agencies holding records of the arrest. Every related official, agency, and entity should be noted to ensure comprehensive expunction.
Signing the petition before notarization. This common mistake can invalidate the petition, requiring you to begin the process anew.
Neglecting to verify the accuracy and truthfulness of all stated facts in the presence of a notary can lead to issues of perjury or dismissal of the petition.
Avoiding these mistakes can significantly streamline the expunction process, allowing individuals to move forward without the shadow of a past arrest record. Attention to detail, along with a clear understanding of the requirements outlined in the Petition for Expunction, is crucial in successfully navigating this legal procedure.
When seeking to clear a criminal record in Texas through the process of expunction, an individual typically needs to complete and submit a Petition for Expunction. However, this form is just one of several documents that might be necessary for a comprehensive expunction application. Understanding what each of these documents entails can streamline the process and ensure a more thorough application.
In addition to the Petition for Expunction, these documents form a crucial part of the expunction process in Texas. Each serves a specific role in ensuring the petitioner's request for record removal is processed efficiently and accurately. Compliance with the requirements for these documents can significantly affect the outcome of an expunction case, highlighting the importance of a detailed and attentive approach to the expunction application process.
The Petition for Non-Disclosure of Texas is a document people file to prevent the public from accessing certain criminal records, primarily after completing probation or deferred adjudication. This document is similar to the Petition for Expunction in that both seek to limit the visibility of an individual's criminal history to the public. However, while expunction seeks to erase records completely, non-disclosure simply restricts who can view the records, still allowing law enforcement and certain state agencies to access the information.
The Writ of Habeas Corpus is a court order demanding that a person being detained be brought before the court for a determination of the legality of the detention. Its similarity to a Petition for Expunction lies in its use as a legal mechanism to challenge and rectify situations where an individual believes there has been a wrongful legal action against them. Both documents serve to protect the rights of individuals by offering a legal process to address grievances regarding personal liberty and criminal records.
An Application for Clemency in Texas is a request for the governor to pardon, commute a sentence, grant a reprieve, or remit a fine or restitution. Both the Application for Clemency and the Petition for Expunction offer a form of legal relief and rehabilitation to individuals with criminal records. While expunction removes records from public view, clemency acts as an acknowledgment of rehabilitation, potentially leading to the restoration of rights or reduction of penalties.
The Civil Rights Restoration form in Texas is filed to restore rights that were lost due to a criminal conviction, such as voting rights, the right to hold public office, or the right to serve on a jury. Like the Petition for Expunction, it's a tool for individuals seeking to recover from the consequences of past criminal actions and reintegrate fully into society. Both documents are pivotal for individuals looking to leave their past convictions behind and to alleviate the long-term repercussions of those convictions.
The Motion to Seal Juvenile Records in Texas is submitted to prevent access to records of juvenile offenses, thereby giving juveniles a clean slate as they transition into adulthood. This motion and the Petition for Expunction are parallel in their objectives to protect individuals from the lasting negative implications of their earlier involvement with the law, focusing instead on rehabilitation and the potential for a fresh start.
The Certificate of Rehabilitation is a document acknowledging an individual's rehabilitation after a conviction and is issued in some jurisdictions outside of Texas, serving as an official recognition of an individual's efforts to reintegrate into society post-conviction. It shares the Petition for Expunction's goal of mitigating the enduring impact of criminal records. Both are crucial in the process of shedding the stigma of past criminal behavior and facilitating opportunities for employment, education, and housing.
The Peace Bond in Texas is a court order that serves as a preventive measure, requiring individuals deemed to pose a threat to the peace and safety of the community to pledge a sum of money as a guarantee of their good behavior. While its purpose is predominantly preventive rather than corrective, like the Petition for Expunction, it involves a legal process aimed at addressing potential or past misconduct and incorporates a measure of accountability and potential for behavioral improvement.
Filing a Petition for Expunction can be a pivotal step in clearing one's name in Texas. It is important to approach this process with care to ensure the best outcome. Below is a list of dos and don'ts when filling out the Petition for Expunction in Texas:
Following these guidelines can help achieve a successful expunction, removing barriers that might impact one's future opportunities. Attention to detail and legal guidance are key throughout this process.
There are several misconceptions surrounding the process of petitioning for expunction in Texas that can confuse individuals looking to clear their arrest records. Here are five common misunderstandings:
Understanding these misconceptions and obtaining accurate information is vital for individuals seeking to clean their arrest records through expunction. It ensures that they embark on the process with realistic expectations and seek the appropriate legal guidance.
When preparing to fill out the Petition for Expunction in Texas, there are several key points you should understand to ensure the process goes smoothly:
Approaching the Petition for Expunction with attention to detail and a clear understanding of the process will significantly increase your chances of success. If you're unsure about any part of the process or if your case involves complex scenarios, seeking legal advice might be beneficial to ensure your petition is accurately and thoroughly prepared.
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