CAUSE NO. IN THE MATTER OF IN THE DISTRICT COURT BEXAR COUNTY, TEXAS APPLICATION FOR SEALING FILES AND RECORDS

Transcription

1 CAUSE NO. IN THE MATTER OF IN THE DISTRICT COURT JUDICIAL DISTRICT BEXAR COUNTY, TEXAS APPLICATION FOR SEALING FILES AND RECORDS TO THE HONORABLE JUDGE OF SAID COURT: Now comes the applicant,, by and through his/her attorney of record, Libby L. Wiedermann, and applies to the court pursuant to Section of the Texas Family Code to order the sealing of all files and records in the case described below, and in support of such application shows: I. Applicant has the following identifying information: Name: D.O.B.: Sex: Race: SSN: TDL: SID No.: Address: Offense: Date of Offense: Location of Offense: Bexar County, Texas Cause No. of Juvenile case (or Referral No.): Court and County Petition Filed: (If no petition filed, state that fact and/or that case was rejected.)

2 II. Applicant was charged with the misdemeanor/felony offense(s) of, alleged to have been committed on. He/she was not transferred to a criminal court for prosecution pursuant to Section of the Texas Family Code. He/she was placed on (deferred prosecution or probation) for this alleged offense. He/she successfully completed (i.e. deferred prosecution or probation) on. Applicant did not receive a determinate sentence for engaging in delinquent conduct that violated a penal law listed in Section of the Texas Family Code and has not engaged in habitual felony conduct as described by Section of the Texas Family Code. III. The Applicant has reason to believe that the files and records relating to the Applicant are held by the following officials and agencies: 1. San Antonio Police Department 315 S. Santa Rosa San Antonio, Texas Case No. 2. Bexar County District Attorney s Office Juvenile Division 235 E. Mitchell 3. Bexar County Juvenile Probation 301 E. Mitchell 4. Bexar County Sheriff s Department Bexar County Adult Detention Center 200 N. Comal San Antonio, Texas Case No. 5. Bexar County Juvenile Detention Center 600 Mission Road

3 6. Bexar County District Clerk Frank M. Tejeda, Jr. Juvenile Justice Center 235 E. Mitchell 7. Gerald C. (Gerry) Rickhoff Bexar County District Clerk Criminal Division 300 Dolorosa, #300 San Antonio, Texas Texas Department of Public Safety P.O. Box 4087 Austin, Texas Information Resource Department P.O. Box 9066 San Antonio, Texas Texas Crime Information Center P.O. Box 4143 Austin, Texas Federal Bureau of Investigation U.S. Department of Justice Identification Division J. Edgar Hoover Building 10 th and Pennsylvania Washington, D.C National Crime Information Center Criminal Justice Information Services Division F.B.I. Complex 1000 Custer Hollow Road Clarksburgh, West Virginia School District Attn: Student Support Services/Student Records Address 14. Applicant s School Attn: Student Records Address 15. Texas Department of Family and Protective Services Attn: Records Redaction Unit Mail Code P.O. Box San Antonio, TX

4 IV. The Applicant would request this court seal his/her files and records for the following reasons: 1. Applicant completed a (i.e. Deferred Prosecution Agreement or 12 month probation) with the Bexar County Juvenile Probation Department in this cause; 2. Since his/her final discharge, Applicant has not been convicted of a felony or a misdemeanor involving moral turpitude or found to have engaged in delinquent conduct or conduct indicating a need for supervision and no proceeding is pending seeking conviction or adjudication; 3. Applicant was not transferred by a juvenile court under Section to a criminal court for prosecution; 4. His/her records have not been used as evidence in the punishment phase of a criminal proceeding under Article 37.07(3)(a) of the Texas Code of Criminal Procedure; and 5. The charges described above were rejected or dismissed by the Bexar County District Attorney s Office. (if applicable) WHEREFORE, Applicant requests that the Court: 1. Set this matter for hearing; 2. Give reasonable notice of the hearing to each agency and official named in Section III of this Application pursuant to Section (e) of the Texas Family Code; 3. After hearing this matter, order each official and agency named as possessing records or files concerning the Applicant or his case to: a. send all files and records to the court before the 61 st day after receiving the order; b. delete all index references to the Applicant and the records ordered sealed; send verification to the court in the manner attached; c. Order the (fill in with primary arresting or investigating agency) to contact the Federal Bureau of Investigation s Criminal Justice Center in West Virginia requesting that they remove their records with respect to Applicant;

5 4. For any school or school district records to which this applies, this shall not be construed as requiring the sealing of any district records except for those dealing with the specific underlying incident at issue, if any; 5. For any school or school district records to which this applies, the records to be sealed may be reported solely for compliance with Texas Education Agency mandated audits or any other state or federal statistical information for audit or review purposes that are required; 6. Order the clerk of court to send a copy of the sealing order to each agency named in the order; 7. Order the proceeding dismissed and order it to be treated for all purposes, other than a subsequent capital prosecution, as if it had never occurred. Respectfully submitted, Libby L. Wiedermann 206 E. Locust St. San Antonio, Texas (phone) (cell) (fax) By: Libby L. Wiedermann State Bar No Attorney for Applicant

6 AFFIDAVIT STATE OF TEXAS COUNTY OF BEXAR BEFORE ME, the undersigned authority, personally appeared, LIBBY L. WIEDERMANN, who by me duly sworn, deposed as follows: My name is Libby L. Wiedermann, attorney of record in the above-entitled and numbered cause. I have read the following Application for Sealing of Records and swear that all of the allegations of fact contained therein are within my personal knowledge and are true and correct. SIGNED on, 2014 Libby L. Wiedermann Attorney for Applicant SUBSCRIBED AND SWORN TO BEFORE ME on the day of Notary Public in and for the State of Texas My Commission Expires: Printed Name of Notary