NO. EX PARTE IN THE DISTRICT COURT JUDICIAL DISTRICT TOUPPER(FIELD(MAT_Client Name)) BEXAR COUNTY, TEXAS PETITION FOR EXPUNCTION OF RECORDS TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES, TOUPPER(FIELD(MAT_Client Name)), Petitioner, by and through the undersigned attorney of record, and files this Petition for Expunction of Records. This Petition is filed under the authority of Chapter 55 of the Texas Code of Criminal Procedure, and in support thereof the Petitioner would respectfully show the following: I. On %arrest-date, Petitioner was arrested in San Antonio, Bexar County, Texas, by the San Antonio Police Department. As a result of that arrest, Petitioner was charged with committing the offense of FIELD(MAT_Offense). The date the offense charged against the Petitioner was alleged to have been committed was FIELD(MAT_Off Date). On %DISMISSED-DATE, the case was dismissed. A certified copy of that dismissal is attached hereto and incorporated by reference pursuant to 3(b) of Article 55.02, Texas Code of Criminal Procedure. II. Petitioner is entitled to have all the records concerning this charge expunged under Chapter 55 of the Code of Criminal Procedure in that: 1. No indictment or information charging petitioner with commission of a felony has been presented against petitioner for the offense arising out of the transaction for which petitioner was arrested.
2. The limitations period for the offense for which petitioner was arrested has expired before the date on which this petition for expunction was filed under Article 55.02 of the Texas Code of Criminal Procedure. 3. Petitioner has been released and the charge has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision under Article 42.12 of the Texas Code of Criminal Procedure. 4. Petitioner has not been convicted of a felony in the five years preceding the date of arrest. (OPTIONAL IF THERE IS A CLASS C THAT HAS COMPLETED DEFERRED DISPOSITION) 5. Pursuant to Article 45.0511 of the Texas Code of Criminal Procedure, the complaint has been dismissed and the Petitioner is entitled to an expunction under Article 55.01 of the Code of Criminal Procedure. III. Private entities that compile and disseminate for compensation criminal history record information that the petitioner has reason to believe have information related to records or files that are subject to expunction such as the following groups of private entities: 1. Each person who applies for access to criminal history record information maintained by the Texas Department of Public Safety (Tex. Gov t Code 411.085 (d)(1); 2. Any private entity which notifies the Texas Department of Public Safety that it has sold or sells any compilation of criminal history to another similar entity Tex. Gov t. Code 411.0851 (b)(2); 3. And/or any similar entity listed by another private entity controlled by Tex. Gov t. Code 411.0851 (b)(2), regardless of its generation on the list maintained by the Texas Department of Public Safety pursuant to Tex. Gov t. Code 411.0851 (b)(2). 2
IV. Petitioner has reason to believe that the following law enforcement agencies have records or files subject to expunction herein and should be served with notice of this petition. 1. Bexar County Adult Detention Center, 200 N. Comal, San Antonio, Texas 78207-3536. 2. Bexar County Clerk, Paul Elizondo Tower, 101 E. Nueva, San Antonio, Texas 78205 3. Bexar County District Attorney, Paul Elizondo Tower, 101 E. Nueva, San Antonio, Texas 78205-3005. 4. Bexar County District Clerk, Paul Elizondo Tower, 101 E. Nueva, San Antonio, Texas 78205-3002. 5. Bexar County Personal Bonds, 200 N. Comal, San Antonio, Texas 78207-3536. 6. Bexar County Sheriff, 200 N. Comal, San Antonio, Texas 78207-3536. 7. Bexar County Adult Detention Center, 200 N. Comal, San Antonio, Texas 78207-3536. 8. Crystal City Correctional Facility, 6901 North Hwy 83, Crystal City, Texas 78838 9. Information Resource Department, P.O. Box 9066, San Antonio, Texas 78285. 10. Justice of the Peace, Precinct One, 218 S. Laredo Street, San Antonio, Texas 78207-4530. 11. Justice of the Peace, Precinct Two, 6715 Bandera Road, San Antonio, TX 78238 12. Justice of the Peace, Precinct Three, 8918 Tesoro Drive, Suite 300, San Antonio, TX 78217. 13. San Antonio Municipal Court, Night Magistrate 401 S. Frio, San Antonio, Texas 78207. 14. San Antonio Police Department, 214 West Nueva, San Antonio, Texas 78207. 15. Texas Crime Information Center, P.O. Box 4143, Austin, Texas 78765-4145. 16. Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0001. 17. Texas Department of Public Safety, 5805 N. Lamar, Austin, Texas 78751. 3
18. Texas Alcohol Beverage Commission, Attn: Enforcement Division, P.O. Box 13127, Austin, Texas 78711. 19. National Crime Information Center, Criminal Justice Information Division FBI Complex, 1000 Custer Hollow Road, Clarksburg, WV 26306. 20. Federal Bureau of Investigation, 5740 University Heights, San Antonio, Texas 78249.. 21. Federal Bureau of Investigation, U.S. Department of Justice, Identification Division, J. Edgar Hoover Building, Washington D.C. 20537. 22. Transportation Security Administration, 601 South 12th Street., Arlington, VA. 20598-6002 23. Department of Homeland Security, U.S. Dept. of Homeland Security, Washington, D.C. 20528 IV. The following information regarding petitioner and the alleged offense is provided pursuant to Texas Code of Criminal Procedure, Article 55.02, 2(b): NAME: TOUPPER(FIELD(MAT_Client Name)) SEX: RACE: DATE OF BIRTH: FIELD(MAT_DOB) TEXAS DRIVER S LICENSE NO.: FIELD(MAT_TDL#) SOCIAL SECURITY NUMBER: FIELD(MAT_Socl Scty #) ADDRESS AT TIME OF ARREST: ALLEGED OFFENSE: FIELD(MAT_Offense) DATE OF ALLEGED OFFENSE: FIELD(MAT_Off Date) DATE OF ARREST: LOCATION OF ARREST: San Antonio, Bexar County, Texas ARRESTING AGENCY: San Antonio Police Department TRACKING INCIDENT NUMBER: COURT CASE NUMBER: FIELD(MAT_Cause No) COURT: County Court at Law Number FIELD(MAT_Court), Bexar County, Texas WHEREFORE, PREMISES CONSIDERED, Petitioner prays this Honorable Court to set this matter for hearing, giving each official or agency named in Roman Numeral III hereof 4
reasonable notice thereof, and after said hearing to order each of the agencies named in Roman Numeral III hereof to (l) return all records concerning the above arrest to this Court for delivery to Petitioner, or if same is impractical, to delete and obliterate all references to Petitioner, (2) delete from all indexes and central repositories any reference to the Petitioner's arrest at issue herein, and (3) request any federal agency or repository to which it supplies information concerning the arrest at issue to either delete and obliterate all references to Petitioner and the arrest at issue herein, or return all information which said agency sent to said federal agency or repository and return it to this Court or destroy said records and information. Respectfully submitted: JOHN J. RITENOUR, JR The Ritenour Law Firm, P.C.. Milam Building, Suite 1716 115 E. Travis Street San Antonio, Texas 78205 (210) 222-0125 Fax: (210) 222-2467 State Bar No. 00794533 Attorney for Petitioner CERTIFICATE OF SERVICE I hereby certify that a copy of Petitioner s Petition for Expunction of Records has been delivered to the Bexar County District Attorney's Office, Paul Elizondo Tower, 101 E. Nueva, San Antonio, Texas 78205, on this the day of, 2012. JOHN J. RITENOUR, JR. 5
STATE OF TEXAS ) COUNTY OF BEXAR ) AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared TOUPPER(FIELD( MAT_Client Name)), who after being duly sworn stated: My name is TOUPPER(FIELD(MAT_Client Name)). I am the Petitioner in the above entitled and numbered cause. I have read the foregoing Petition and swear that it is true and correct Petitioner SUBSCRIBED AND SWORN TO BEFORE ME on the day of, 2012. Notary Public in and for Bexar County, Texas
CAUSE NO. EX PARTE IN THE DISTRICT COURT JUDICIAL DISTRICT TOUPPER(FIELD(MAT_Client Name)) BEXAR COUNTY, TEXAS ORDER SETTING HEARING DATE IT IS ORDERED that on the hearing on Petition for Expunction of Records is hereby set for,.m., on the day of, 2012, in the courtroom of the Judicial District Court in San Antonio, Bexar County, Texas. SIGNED on this the day of, 2012. JUDGE PRESIDING
CAUSE NO. EX PARTE IN THE DISTRICT COURT JUDICIAL DISTRICT TOUPPER(FIELD(MAT_Client Name)) BEXAR COUNTY, TEXAS ORDER OF EXPUNCTION On this day came to be heard Petitioner s Petition for Expunction of Records, and it appears to the court that this petition should be, and hereby is, GRANTED. The Court finds that TOUPPER(FIELD(MAT_Client Name)) is entitled to expunction as provided by Article 55.01 (a) (1) (A), Texas Code of Criminal Procedure, with respect to the following offenses charged against Petitioner, with pertinent information provided in accordance with Texas Code of Criminal Procedure, Article 55.02, 2(b): NAME: TOUPPER(FIELD(MAT_Client Name)) SEX: RACE: DATE OF BIRTH: FIELD(MAT_DOB) TEXAS DRIVER S LICENSE NO.: FIELD(MAT_TDL#) SOCIAL SECURITY NUMBER: FIELD(MAT_Socl Scty #) ADDRESS AT TIME OF ARREST: ALLEGED OFFENSE: FIELD(MAT_Offense) DATE OF ALLEGED OFFENSE: FIELD(MAT_Off Date) DATE OF ARREST: LOCATION OF ARREST: San Antonio, Bexar County, Texas ARRESTING AGENCY: San Antonio Police Department TRACKING INCIDENT NUMBER: COURT CASE NUMBER:FIELD(MAT_Cause No) COURT: County Court at Law Number FIELD(MAT_Court), Bexar County, Texas A copy of the Dismissal regarding said offense is attached hereto and incorporated by reference pursuant to 3(b) of Article 55.02, Texas Code of Criminal Procedure. The Court further finds that the following law enforcement agencies, jails or other detention
facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central state depositories of criminal records, or other officials, agencies, entities, or political subdivisions may have records or files pertaining to Petitioner in connection with the arrest and/ or alleged offense described in this Order, and which are subject to expunction: 1. Bexar County Adult Detention Center, 200 N. Comal, San Antonio, Texas 78207-3536. 2. Bexar County Clerk, Paul Elizondo Tower, 101 E. Nueva, San Antonio, Texas 78205 3. Bexar County District Attorney, Paul Elizondo Tower, 101 E. Nueva, San Antonio, Texas 78205-3005. 4. Bexar County District Clerk, Paul Elizondo Tower, 101 E. Nueva, San Antonio, Texas 78205-3002. 5. Bexar County Personal Bonds, 200 N. Comal, San Antonio, Texas 78207-3536. 6. Bexar County Sheriff, 200 N. Comal, San Antonio, Texas 78207-3536. 7. Bexar County Adult Detention Center, 200 N. Comal, San Antonio, Texas 78207-3536. 8. Crystal City Correctional Facility, 6901 North Hwy 83, Crystal City, Texas 78838 9. Information Resource Department, P.O. Box 9066, San Antonio, Texas 78285. 10. Justice of the Peace, Precinct One, 218 S. Laredo Street, San Antonio, Texas 78207-4530. 11. Justice of the Peace, Precinct Two, 6715 Bandera Road, San Antonio, TX 78238 12. Justice of the Peace, Precinct Three, 8918 Tesoro Drive, Suite 300, San Antonio, TX 78217. 13. San Antonio Municipal Court, Night Magistrate 401 S. Frio, San Antonio, Texas 78207. 14. San Antonio Police Department, 214 West Nueva, San Antonio, Texas 78207. 15. Texas Crime Information Center, P.O. Box 4143, Austin, Texas 78765-4145. 16. Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0001. 2
17. Texas Department of Public Safety, 5805 N. Lamar, Austin, Texas 78751. 18. Texas Alcohol Beverage Commission, Attn: Enforcement Division, P.O. Box 13127, Austin, Texas 78711. 19. National Crime Information Center, Criminal Justice Information Division FBI Complex, 1000 Custer Hollow Road, Clarksburg, WV 26306. 20. Federal Bureau of Investigation, 5740 University Heights, San Antonio, Texas 78249.. 21. Federal Bureau of Investigation, U.S. Department of Justice, Identification Division, J. Edgar Hoover Building, Washington D.C. 20537. 22. Transportation Security Administration, 601 South 12th Street., Arlington, VA. 20598-6002 23. Department of Homeland Security, U.S. Dept. of Homeland Security, Washington, D.C. 20528 The Court ORDERS that any of the above-named agencies and/or persons that sent information to a central federal depository regarding the arrest and/or alleged offense described herein shall request such federal depository to return all records and files subject of this Order. The clerk of this court is ORDERED to send a certified copy of this Order by hand delivery or by certified mail, return receipt requested, to the Crime Records Service of the Department of Public Safety, and to each other official, agency, jail, or other detention facility, magistrate, court, prosecuting attorney, correctional facility, central state depository of criminal records, official, entity, or political subdivision named herein above. In the event that this Order is delivered by hand delivery, the clerk of the court is further directed to receive a receipt for each such Order delivered in this manner. These agencies include: 1. Bexar County Adult Detention Center, 200 N. Comal, San Antonio, Texas 78207-3536. 2. Bexar County Clerk, Paul Elizondo Tower, 101 E. Nueva, San Antonio, Texas 78205 3. Bexar County District Attorney, Paul Elizondo Tower, 101 E. Nueva, San Antonio, Texas 78205-3005. 4. Bexar County District Clerk, Paul Elizondo Tower, 101 E. Nueva, San Antonio, Texas 78205-3002. 3
5. Bexar County Personal Bonds, 200 N. Comal, San Antonio, Texas 78207-3536. 6. Bexar County Sheriff, 200 N. Comal, San Antonio, Texas 78207-3536. 7. Bexar County Adult Detention Center, 200 N. Comal, San Antonio, Texas 78207-3536. 8. Crystal City Correctional Facility, 6901 North Hwy 83, Crystal City, Texas 78838 9. Information Resource Department, P.O. Box 9066, San Antonio, Texas 78285. 10. Justice of the Peace, Precinct One, 218 S. Laredo Street, San Antonio, Texas 78207-4530. 11. Justice of the Peace, Precinct Two, 6715 Bandera Road, San Antonio, TX 78238 12. Justice of the Peace, Precinct Three, 8918 Tesoro Drive, Suite 300, San Antonio, TX 78217. 13. San Antonio Municipal Court, Night Magistrate 401 S. Frio, San Antonio, Texas 78207. 14. San Antonio Police Department, 214 West Nueva, San Antonio, Texas 78207. 15. Texas Crime Information Center, P.O. Box 4143, Austin, Texas 78765-4145. 16. Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0001. 17. Texas Department of Public Safety, 5805 N. Lamar, Austin, Texas 78751. 18. Texas Alcohol Beverage Commission, Attn: Enforcement Division, P.O. Box 13127, Austin, Texas 78711. 19. National Crime Information Center, Criminal Justice Information Division FBI Complex, 1000 Custer Hollow Road, Clarksburg, WV 26306. 20. Federal Bureau of Investigation, 5740 University Heights, San Antonio, Texas 78249.. 21. Federal Bureau of Investigation, U.S. Department of Justice, Identification Division, J. Edgar Hoover Building, Washington D.C. 20537. 22. Transportation Security Administration, 601 South 12th Street., Arlington, VA. 20598-6002 23. Department of Homeland Security, U.S. Dept. of Homeland Security, Washington, D.C. 20528 It is FURTHER ORDERED, that the DEPARTMENT OF PUBLIC SAFETY shall send a copy by certified mail, return receipt requested, of this Order to any central federal depository of criminal records that there is reason to believe has any of the records, together with an explanation of the effect of this Order and a request that the records in possession of the depository, including any information with respect to this proceeding, be destroyed. These agencies include: 1. National Crime Information Center, Criminal Justice Information Division FBI Complex, 1000 Custer Hollow Road, Clarksburg, WV 26306. 2. Federal Bureau of Investigation, 5740 University Heights, San Antonio, Texas 78249. 3. Federal Bureau of Investigation, U.S. Department of Justice, Identification Division, J. Edgar Hoover Building, Washington D.C. 20537. 4 Transportation Security Administration, 601 South 12th Street., Arlington, VA. 20598-6002 5. Department of Homeland Security, U.S. Dept. of Homeland Security, Washington, D.C. 20528 4
It is FURTHER ORDERED that, in accordance with Tex. Code Crim. P. art. 55.02 Sec. 3 (c-2) the DEPARTMENT OF PUBLIC SAFETY shall also provide, by secure electronic mail, electronic transmission, or facsimile transmission, notice of the order to any private entity that is named in the order or that purchases criminal history record information from the department. That notice must include an explanation of the effect of the order and a request that the entity destroy any information in the possession of the entity that is subject to this order. It is further ORDERED, ADJUDGED AND DECREED, that upon receipt of this Order, each agency, jail, or other detention facility, magistrate, court, prosecuting attorney, correctional facility, central state depository of criminal records, official, entity, or political subdivision named herein above shall: (1) return to this Court all records and files that are subject to this Order, or, if removal is impracticable, obliterate all portions of the record or file that identify the person who is of the Order and notify the Court of its action and; (2) delete from its public records all index references to the records and files that are subject to this Expunction Order. It is FURTHER ORDERED, ADJUDGED AND DECREED that all records concerning this proceeding are not open for inspection by anyone, and the Clerk of this Court shall obliterate all public record s references to this proceeding and maintain the files or other records in an area not open to inspection. SIGNED on this the day of, 2012. JOHN J. RITENOUR, JR. Attorney for Petitioner JUDGE PRESIDING Assistant Criminal District Attorney 5