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Content Overview

The Petition for Expunction in Texas serves as a crucial legal document for individuals seeking to clear their criminal records following an arrest. This form outlines the necessary information about the petitioner, including personal details such as name, gender, race, birth date, and contact information. It requires specific details regarding the offense and arrest, including the nature of the offense, arrest dates, and the agency involved. Essential to the process is the identification of grounds for expunction, which may include situations where the petitioner was never charged, had charges dismissed, was acquitted, received a pardon, or has a recommendation for expunction from the prosecutor. Furthermore, the form mandates the listing of all agencies that may hold relevant records, ensuring they are notified of the petition. Finally, the petitioner requests the court to order the return or destruction of records, thereby facilitating a fresh start. Each section of the petition is designed to guide the petitioner through the complex process of expunction, ensuring that their rights and privacy are respected.

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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.)

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(You my not expunge records

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:

(Check one.)

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.)

(Check one.)

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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➤ PDF File

Form Specifications

Fact Name Details
Governing Law The Petition for Expunction is governed by Chapter 55 of the Texas Code of Criminal Procedure.
Eligibility Criteria Individuals may qualify for expunction if they were never charged, had their charges dismissed, were acquitted, or were pardoned based on actual innocence.
Required Information Petitioners must provide personal details, arrest information, and grounds for expunction in the form.
Notarization Requirement The petition must be signed in front of a notary public to verify the truthfulness of the information provided.

Petition Expunction Texas: Usage Guidelines

Filling out the Petition Expunction form is a crucial step in seeking the removal of arrest records. After completing the form, you'll need to file it with the appropriate court and serve notice to the relevant agencies. Here’s how to fill out the form step by step:

  1. At the top of the form, enter the Cause Number if you have one.
  2. In the designated area, print your first, middle, and last names.
  3. Fill in the District Court name and County where you are filing.
  4. In the section labeled "Petition for Expunction," print your full name again.
  5. Provide your gender by checking the appropriate box.
  6. Fill in your race.
  7. Enter your birth date in the specified format.
  8. Write your driver’s license number.
  9. Fill in your social security number.
  10. Provide your address at the time of the arrest, including street, city, state, and zip code.
  11. In the "Offense and Arrest" section, list the offense you were arrested for.
  12. Enter the alleged offense date.
  13. Provide the arrest date.
  14. Fill in the location of arrest (city, county, and state).
  15. Identify the arresting agency.
  16. Write down your DPS tracking number.
  17. Indicate whether you have been charged with an offense related to your arrest.
  18. If applicable, provide details about the court and cause number where charges were filed and prosecuted.
  19. Check the box that applies to your situation regarding probation revocation.
  20. Choose the ground for expunction that applies to your case and check the relevant boxes.
  21. List the agencies you believe have records related to your arrest.
  22. In the "Prayer" section, request the court to set a hearing and specify what you want the court to order.
  23. Sign the form, print your name, and provide your phone number and mailing address.
  24. Finally, you must sign the form in front of a notary public.

Your Questions, Answered

What is the purpose of the Petition for Expunction in Texas?

The Petition for Expunction allows individuals to request the removal of certain arrest records from public view. If granted, this legal process can help clear an individual’s criminal history, making it easier to secure employment, housing, and other opportunities that may be hindered by an arrest record. Expunction is particularly relevant for those who were never charged, had their charges dismissed, or were acquitted.

Who is eligible to file a Petition for Expunction?

Eligibility for filing a Petition for Expunction varies based on the circumstances surrounding the arrest. Generally, individuals who have not been charged with an offense related to their arrest, those whose charges were dismissed, or those who were acquitted may qualify. Additionally, if a person was pardoned or if the prosecutor recommends expunction, they may also be eligible. It’s important to review specific conditions and consult with legal counsel to determine eligibility accurately.

What information is required in the Petition for Expunction?

The petition requires detailed personal information, including your name, gender, race, birth date, driver's license number, and social security number. You must also provide information about the arrest, such as the offense, arrest date, location, and the agency that made the arrest. Additionally, you need to specify the grounds for expunction, whether it’s due to never being charged, having charges dismissed, or other qualifying factors.

What happens after I file the Petition for Expunction?

Once the petition is filed, the court will set a hearing date. All relevant agencies and officials involved with your arrest must be notified of the petition. During the hearing, the judge will review the petition and any objections from the involved parties. If the court grants the expunction, the agencies will be ordered to destroy or return the records related to your arrest.

Can I represent myself in the expunction process?

While it is possible to represent yourself in the expunction process, it is often advisable to seek legal assistance. The process can be complex, and an attorney can help ensure that all necessary information is correctly included in the petition and that you meet all legal requirements. Legal guidance can significantly improve the chances of a successful outcome.

Common mistakes

  1. Incomplete Personal Information: Many individuals forget to fill out all personal information fields, such as their full name, date of birth, or social security number. Each section must be completed accurately to avoid delays.

  2. Incorrect Offense Details: It's crucial to provide accurate information about the offense and arrest. Misstating the offense date or location can lead to complications in the expunction process.

  3. Neglecting to Check All Relevant Boxes: The form includes several checkboxes related to the grounds for expunction. Failing to check all applicable boxes can result in the petition being rejected.

  4. Forgetting Attachments: If your charges were dismissed or you were acquitted, you must attach the relevant documentation. Omitting these documents can hinder the court's ability to process your request.

  5. Listing Incorrect Agencies: It’s important to accurately identify all agencies that may have records related to your arrest. Listing the wrong agencies can prevent proper notification and delay the expunction.

  6. Not Seeking Legal Advice: Many people attempt to complete the form without consulting an attorney. This can lead to mistakes that could have been avoided with professional guidance, potentially affecting the outcome of the petition.

Documents used along the form

When seeking to expunge a criminal record in Texas, the Petition Expunction form is a crucial document. However, there are several other forms and documents that may accompany this petition to ensure a smooth process. Below are some commonly used forms and documents that can be important in the expunction process.

  • Order of Expunction: This is the official court order that grants the expunction of records. It outlines the specifics of what records are to be expunged and provides the legal authority for the agencies involved to destroy or return the records.
  • Notice of Hearing: This document informs all relevant parties about the date and time of the hearing regarding the expunction petition. It ensures that all agencies and individuals who may have records related to the arrest are aware of the proceedings.
  • Affidavit of Service: This form serves as proof that the notice of hearing was properly delivered to all parties involved. It is often required to demonstrate that the court's requirements for notification have been met.
  • Criminal History Record: Obtaining a copy of your criminal history record from the Texas Department of Public Safety can be vital. This document provides the necessary background information that supports your petition for expunction.
  • Verification Form: This form is used to affirm the truthfulness of the information provided in the petition. It is typically signed in front of a notary public to add an extra layer of authenticity to the petition.

Gathering these documents can streamline the expunction process and help ensure that all legal requirements are met. It is advisable to consult with a legal professional to ensure that all necessary forms are correctly completed and submitted.

Similar forms

The Petition for Expunction in Texas shares similarities with several other legal documents. Each of these documents serves a unique purpose but often involves similar processes or legal principles. Below is a list of documents that are comparable to the Petition for Expunction:

  • Petition for Non-Disclosure: This document is filed when an individual wants to seal their criminal record instead of expunging it. Like the expunction petition, it requires the petitioner to demonstrate that they meet specific legal criteria and that their records should be protected from public view.
  • Application for a Pardon: A pardon application seeks forgiveness for a crime and can lead to the restoration of rights. Similar to the expunction petition, it requires a demonstration of rehabilitation and a compelling reason for the request.
  • Motion to Dismiss: This document is filed in court to request the dismissal of charges against an individual. Both motions and petitions can be used to seek relief from criminal charges, although a motion to dismiss is typically filed during ongoing criminal proceedings.
  • Request for Certificate of Restoration of Rights: This request is aimed at restoring civil rights lost due to a felony conviction. It parallels the expunction process in that both seek to clear an individual's record and restore their standing in society.
  • Affidavit of Innocence: This document asserts that an individual is innocent of the charges brought against them. While an expunction petition focuses on removing records, an affidavit of innocence can serve as a supporting document in expunction cases to establish the individual's claim of innocence.
  • Petition for Writ of Habeas Corpus: This legal document challenges the legality of a person's detention or imprisonment. Like the expunction petition, it seeks to rectify a legal issue, although it addresses unlawful confinement rather than record clearing.
  • Complaint for Civil Rights Violations: This document is filed to address violations of an individual's civil rights, often in connection with wrongful arrests or police misconduct. Both complaints and expunction petitions seek justice and remedy for individuals affected by the criminal justice system.

Dos and Don'ts

When filling out the Petition Expunction Texas form, it is important to follow certain guidelines. Here are eight things you should and shouldn't do:

  • Do: Print your name clearly at the top of the form.
  • Do: Provide accurate information about your arrest, including dates and locations.
  • Do: Check all applicable boxes regarding the grounds for expunction.
  • Do: Attach any required documents, such as dismissal orders or judgments of acquittal.
  • Don't: Leave any sections blank; fill out every part of the form.
  • Don't: Provide false information; this can lead to complications.
  • Don't: Forget to sign the petition in front of a notary.
  • Don't: Submit the form without reviewing it for errors or omissions.

Taking these steps can help ensure a smoother process for your expunction petition.

Misconceptions

  • Expunction is automatic. Many people believe that once they meet the criteria for expunction, the process happens automatically. In reality, you must file a petition and go through a legal process for the expunction to be granted.
  • All records are expunged. Some think that filing for expunction will erase all records related to an arrest. However, only certain records can be expunged, and this depends on the specifics of the case.
  • Expunction is only for felonies. A common misconception is that expunction applies only to felony charges. In fact, individuals can seek expunction for certain misdemeanors as well, provided they meet the necessary criteria.
  • You must have been found innocent. Some believe that only those who are acquitted can seek expunction. This is not true; individuals can also seek expunction if their charges were dismissed or if they were never charged at all.
  • Expunction is a simple form. While the Petition for Expunction may seem straightforward, it requires careful attention to detail and may involve complex legal requirements. Properly completing the form is crucial for a successful outcome.
  • Once expunged, the arrest never happened. Although expunction removes records from public view, it does not erase the event from history. Certain entities may still access the records under specific circumstances.
  • Anyone can file for expunction. Not everyone is eligible to file for expunction. Individuals must meet specific legal criteria, and those unsure should consult an attorney to determine their eligibility.
  • Expunction is free. Many assume that the process of expunction comes at no cost. However, there are filing fees and potential attorney fees that can add up, depending on the complexity of the case.
  • The process is quick. Some people think that once they file for expunction, it will be resolved quickly. In reality, the process can take several months, depending on the court's schedule and other factors.
  • Expunction is the same as sealing records. Many confuse expunction with record sealing. While both processes limit access to criminal records, expunction completely removes the records, whereas sealing keeps them confidential but still accessible under certain circumstances.

Key takeaways

  • When filling out the Petition for Expunction in Texas, it is essential to provide accurate personal information. This includes your full name, gender, race, birth date, driver’s license number, and social security number. Ensure that your address at the time of the arrest is also included.

  • Clearly state the details of your offense and arrest. This means including the offense type, dates of the alleged offense and arrest, location, and the arresting agency. These details are crucial for the court to understand your case.

  • Understand the grounds for expunction. You must check the appropriate box that applies to your situation, such as if you were never charged, if your charges were dismissed, or if you were acquitted. Each ground has specific requirements that must be met.

  • Finally, ensure that you list all agencies and officials that may have records related to your arrest. This step is necessary for the court to notify these entities about your petition for expunction.