The Petition Expunction Texas form is a legal document used to request the removal of arrest records from public view. This process allows individuals to clear their names and move forward without the burden of a past arrest 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 vital legal tool for individuals seeking to clear their names following an arrest. This form allows a person, referred to as the Petitioner, to formally request the court to erase any records associated with their arrest. It requires detailed personal information, including the Petitioner’s full name, gender, race, birth date, and contact information at the time of the arrest. Additionally, the form necessitates specifics about the offense, such as the nature of the alleged crime, the date of the arrest, and the agency involved. The grounds for expunction are clearly outlined, allowing individuals to indicate whether they were never charged, had their charges dismissed, were acquitted, received a pardon, or if the prosecutor recommends expunction. Furthermore, the form mandates the identification of any agencies that may hold relevant records, ensuring that all parties are notified of the petition. Finally, the document concludes with a prayer for the court to act on the request, emphasizing the importance of restoring the Petitioner’s reputation and providing them with a fresh start.
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 Expunction form in Texas is an important step if you wish to clear your criminal record. After completing the form, you will need to submit it to the appropriate court. The next steps will involve serving notice to relevant agencies and possibly attending a hearing. Below are the steps to help you fill out the form accurately.
A Petition for Expunction is a legal request made to a court to have certain criminal records erased or sealed. This process is particularly important for individuals who have been arrested but not convicted, or whose charges have been dismissed. The goal is to help individuals move forward without the burden of a criminal record affecting their personal and professional lives.
Eligibility for filing a Petition for Expunction varies based on specific circumstances surrounding the arrest. Common grounds for expunction include:
Each situation has its own requirements, so it is advisable to consult with a legal professional to determine eligibility.
When completing the Petition for Expunction, you will need to provide various details, including:
Accurate and complete information is crucial to the success of your petition.
The duration of the expunction process can vary significantly. After filing the petition, a hearing will be scheduled, typically within a few months. If the court grants the expunction, it may take additional time for the records to be officially erased or sealed. Overall, individuals should expect the process to take several months from start to finish.
If the court denies your Petition for Expunction, you will receive a written explanation of the reasons for the denial. Depending on the circumstances, you may have the option to appeal the decision or refile the petition after a certain period. Consulting with a legal professional can provide guidance on the best steps to take following a denial.
While it is possible to represent yourself in the expunction process, it is highly recommended to seek legal assistance. The laws surrounding expunction can be complex, and a legal professional can help ensure that the petition is completed correctly and that all necessary information is included. This support can significantly increase the likelihood of a successful outcome.
Incomplete Personal Information: Failing to provide all required personal details, such as your full name, address at the time of arrest, and social security number, can lead to delays or denials.
Incorrect Dates: Entering the wrong dates for your arrest or the alleged offense can create confusion. Ensure all dates are accurate and match your records.
Missing Cause Numbers: If your case has been transferred between courts, neglecting to include all relevant cause numbers may result in your petition being rejected.
Failure to Check Eligibility: Not confirming your eligibility for expunction based on the specific grounds can lead to wasted effort. Review the criteria carefully before applying.
Omitting Required Attachments: Forgetting to attach necessary documents, such as dismissal orders or judgments of acquittal, can hinder the processing of your petition.
Inaccurate Agency Information: Listing incorrect agencies or officials that hold your records may prevent the court from notifying them properly, which is essential for the expunction process.
Not Consulting Legal Help: Attempting to navigate the expunction process without legal advice can lead to mistakes. Consulting an attorney can provide clarity and guidance.
Ignoring the Notary Requirement: Forgetting to sign the petition in front of a notary public is a common oversight. This step is crucial for validating your petition.
When pursuing a Petition for Expunction in Texas, several additional forms and documents may be required to support your case. These documents help clarify your situation and ensure that the court has all necessary information to make a decision. Below is a list of commonly used forms that accompany the Petition for Expunction.
Gathering these documents can streamline the expunction process and increase the likelihood of a favorable outcome. Each form plays a crucial role in ensuring that the court has the necessary information to review your case thoroughly.
The Petition for Expunction in Texas shares similarities with several other legal documents that serve to clear or mitigate the effects of a criminal record. One such document is the Certificate of Non-Disclosure. This certificate allows individuals who have successfully completed a deferred adjudication program to seal their criminal records from public view. Like the expunction petition, it requires a thorough process, including a court hearing and the need to demonstrate that the individual has complied with all terms of their probation. Both documents aim to provide individuals with a fresh start, although the Certificate of Non-Disclosure does not erase the record entirely, unlike expunction.
Another related document is the Motion to Dismiss. This motion is filed when a defendant seeks to have charges against them dismissed before a trial occurs. Similar to the expunction petition, a Motion to Dismiss requires the individual to present a compelling argument to the court. If granted, it can lead to the dismissal of charges, which may pave the way for future expunction. Both documents emphasize the importance of legal representation and the necessity of demonstrating that the case lacks merit or evidence.
The Record Sealing Petition is yet another document that aligns with the Petition for Expunction. This petition allows individuals to request that certain records be sealed from public access, typically after a conviction for a misdemeanor or a non-violent felony. While expunction completely removes the record, sealing it limits access and visibility. Both processes involve navigating legal requirements and can provide individuals with a second chance, although the outcomes differ in terms of public accessibility.
Similarly, a Pardon Application is a document that requests forgiveness for a past crime, typically submitted to the governor. This process can lead to the removal of some legal consequences associated with a conviction. Like the expunction petition, the Pardon Application can restore rights and improve an individual's standing in the community. Both documents require a demonstration of rehabilitation and a compelling narrative about the individual’s character and contributions since the offense.
The Application for a Certificate of Restoration of Rights (CRR) also bears resemblance to the expunction petition. This application is specifically designed for individuals who have completed their sentence and are seeking to restore their voting rights and other civil liberties. Similar to expunction, the CRR aims to reintegrate individuals into society by removing barriers that may hinder their participation in civic life. Both processes emphasize the importance of fulfilling all legal obligations before seeking relief.
In addition, the Motion for New Trial can be compared to the Petition for Expunction. This motion is filed when a party believes that a trial has been unfair or that a legal error occurred that affected the outcome. If successful, a new trial can lead to a different verdict, which may ultimately result in a path toward expunction. Both documents highlight the importance of legal procedures and the potential for correcting past injustices.
Lastly, the Petition for Judicial Review is another document that can be likened to the expunction process. This petition is filed when an individual seeks to challenge a decision made by a lower court or agency. Similar to expunction, it requires the individual to demonstrate that the previous ruling was erroneous. Both documents involve a detailed presentation of facts and legal arguments, seeking to overturn a prior determination that adversely affects the individual’s life.
When filling out the Petition for Expunction in Texas, it's crucial to approach the process with care. Here are some important dos and don'ts to keep in mind:
By following these guidelines, you can navigate the expunction process more smoothly and increase your chances of a successful outcome. Remember, taking the time to do it right is essential.
Misconception 1: The Petition Expunction form guarantees automatic expunction.
Many people believe that simply filling out and submitting the Petition Expunction form will automatically result in their records being expunged. In reality, the court must review the petition and determine whether the conditions for expunction are met. Approval is not guaranteed.
Misconception 2: Expunction is only for those who were found innocent.
Some think that only individuals who were acquitted or found innocent can seek expunction. However, there are multiple grounds for expunction, including cases where charges were dismissed or where a person has not been charged at all.
Misconception 3: All arrest records can be expunged.
It’s a common belief that anyone can expunge any arrest record. This is not true. Expunction eligibility depends on specific circumstances, such as the nature of the offense, the outcome of the case, and the time elapsed since the arrest.
Misconception 4: You do not need legal assistance for the expunction process.
While it is possible to file for expunction without an attorney, many individuals benefit from legal guidance. An attorney can help navigate the complexities of the process and ensure that all necessary information is accurately provided, increasing the chances of a successful outcome.
When filling out the Petition Expunction Texas form, consider the following key takeaways:
By following these steps, you can navigate the expunction process more effectively and increase your chances of success.