[This form is for all expunction proceedings except when the defendant has been acquitted after a trial on the merits and the expunction order is signed within 30 days of the acquittal. See TEX. CODE CRIM. PROC. art. 55.01. This petition must be filed in district court.] Cause No. EX PARTE IN THE COURT COURT DESIGNATION *** COUNTY, TEXAS PETITION FOR EXPUNCTION OF CRIMINAL RECORDS TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES ***, the Petitioner, and petitions this Court to order the expunction of all records and files arising out of the arrest and prosecution of Petitioner for certain offenses and in support thereof would show the Court as follows: I. Petitioner is a (race and sex) who was born on ; has Social Security Number ; has Texas Drivers License number ; and whose address at the time of arrest was. II. On or about (date), Petitioner was arrested in, Texas by officers of the Police Department for the offense of. The offense was alleged to have occurred on. Petitioner subsequently posted bond. Petitioner was indicted for/charged with the felony/misdemeanor offense of, as
Cause No. in the (court) of County, Texas. On (date),[state how case was disposed of, such as by dismissal or acquittal]. III. Petitioner has reason to believe that the following agencies, officials or other public entities of this State have records concerning the aforesaid arrest(s) and charge(s): [Obviously the Dallas addresses below apply only to Dallas County cases. They are left in the form as examples and as a matter of convenience for those with expunction cases in Dallas County.] 1. Dallas Police Department 1500 Marilla Street Dallas, Texas 75201 2. Dallas County Sheriff's Office Bond and Warrant Divisions Lew Sterrett Justice Center Dallas, TX 75207 3. Dallas County District Attorney's Office Crowley Criminal Courts Building 133 North Industrial Dallas, TX 75207 4. Dallas County Clerk's Office Crowley Criminal Courts Building 133 North Industrial Dallas, TX 75207 5. Dallas County District Clerk s Office Crowley Criminal Courts Building 133 North Industrial Dallas, TX 75207 6. Texas Department of Public Safety Criminal Records and Driver's License Records 5805 North Lamar Blvd., P. O. Box 4087 Austin, TX 78773
7. Texas Crime Information Center P.O. Box 4143 Austin, Texas 78765-4143 VI. Pursuant to Chapter 55 of the Code of Criminal Procedure, Petitioner is entitled to have the records and files relating to his/her arrest expunged for the following reasons: 1. Petitioner was acquitted after a trial on the merits for the offense; OR 2. Petitioner was convicted of the offense but subsequently pardoned; OR 3. (a) The following conditions exist: i. An indictment or information charging Petitioner with the commission of the offense has not been presented against the Petitioner for an offense arising out of the transaction for which he/she was arrested; OR
ii. An indictment or information charging Petitioner with the commission of the offense of was presented, but it has been dismissed because the presentment was made due to a mistake, false information, or other similar reason indicating the absence of probable cause at the time of the dismissal to believe that the person committed the offense; OR iii. The indictment/information was dismissed because it was void; AND (b) Petitioner has been released and the charge has not resulted in a final conviction, is no longer pending and there was no court ordered community supervision under Article 42.12 of the Texas Code of Criminal Procedure; AND (c) The Petitioner has not been convicted of a felony in the five years preceding the date of his arrest. OR
4. Petitioner was tried for the offense for which he/she was arrested; convicted of that offense; and acquitted by the Court of Criminal Appeals. AND 5. The offense for which Petitioner was acquitted did not arise out of a criminal episode, as defined by Section 3.01 of the Texas Penal Code, in which movant was convicted of or remained subject to prosecution for at least one other offense occurring during the criminal episode. WHEREFORE, the Petitioner prays the Court: 1. To set this matter for hearing; 2. To give reasonable notice of the hearing to each official, agency or other public entity named in Paragraph III of this Petition, pursuant to Article 55.02, Section 2, of the Texas Code of Criminal Procedure. 3. After the hearing on this matter, to order each official, agency or other public entity that there is reason to believe possesses records of files concerning the arrest to: a. Return all records and files concerning the arrest to the Court, or if removal is impracticable, obliterate all references to Petitioner and notify the Court of its
action. b. Request each central depository to which it supplied information concerning the arrest of Petitioner to return all such records and files to the Court, or if removal is impractical, to obliterate all references to Petitioner and notify the Court of its action. c. Delete from its public records and index references to the above mentioned arrest of the Petitioner. 4. To direct the Clerk of the Court to send a certified copy of the order by certified mail, return receipt requested, to each official, agency or other entity named in Paragraph III of the Petition; and to send to each central depository; 5. To return to the Petitioner all records, files and notifications of the disposition of records and files returned to the Court pursuant to its expunction order, within a reasonable time of the receipt of same. Respectfully Submitted,
Attorney Name State Bar Number Address City, State, Zip Phone Fax Attorney for Defendant ***
STATE OF TEXAS COUNTY OF DALLAS VERIFICATION BEFORE ME, the undersigned Notary Public, on this day personally appeared, who, being by me duly sworn on his/her oath stated the following: My name is and I am the Petitioner in the foregoing Petition for Expunction of Criminal Records. I am also the person accused of the charges set forth in the Petition. I have knowledge of the facts alleged in the foregoing Petition and they are true and correct. NAME OF DEFENDANT SUBSCRIBED AND SWORN to before me this day of, 200. Notary Public in and for The State of Texas
CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing Petition for Expunction of Criminal Records was served upon the attorney for the State on, 200. Attorney for Defendant
Cause No. EX PARTE IN THE COURT COURT DESIGNATION *** COUNTY, TEXAS ORDER SETTING HEARING DATE The foregoing Petition for Expunction of Criminal Records is set for hearing on the day of, 200, at o'clock.m. JUDGE PRESIDING