The Petition for Expunction in Texas is a legal document that individuals can use to request the removal of their arrest records from public databases. This process is essential for those who have faced arrests but were never charged, had their charges dismissed, or were acquitted. Understanding how to correctly fill out this form is crucial for anyone seeking to clear their record and move forward with their life.
To begin the expunction process, consider filling out the form by clicking the button below.
When filling out the Petition Expunction Texas form, here are four important things to do and avoid:
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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How Do You Prove Common Law Marriage in Texas - The form should be completed with clear and truthful information.
Ltc-100 - Students are encouraged to maintain their copy for future reference.
When seeking an expunction in Texas, there are several forms and documents that you may need to complete or gather in addition to the Petition for Expunction. Each of these documents plays a crucial role in the process, ensuring that the court has all the necessary information to make a decision. Below is a list of common forms and documents associated with the expunction process.
Gathering these documents can seem overwhelming, but each one serves a specific purpose in supporting your expunction request. It’s always a good idea to consult with a legal professional to ensure that you have everything in order before submitting your petition. This will help streamline the process and increase the likelihood of a successful outcome.
Filling out the Petition for Expunction in Texas can be a complicated process, and mistakes can lead to delays or even denials. One common error is failing to provide complete and accurate personal information. This includes not only your name but also your gender, race, birth date, driver’s license number, and social security number. Omitting any of these details can create confusion and may result in the petition being rejected.
Another frequent mistake is neglecting to include all relevant information about the offense and arrest. Applicants often forget to list the exact date of the alleged offense and the arrest date. Additionally, failing to specify the location of the arrest and the arresting agency can hinder the processing of the petition. Each piece of information is critical for the court to assess the case appropriately.
Many individuals also misunderstand the requirements regarding prior charges. When answering whether you have been charged with an offense related to your arrest, it is essential to check the correct box. If you were charged, you must provide details about all courts and cause numbers associated with your case. Missing this step can lead to significant issues down the line.
People sometimes overlook the importance of the grounds for expunction. Each ground has specific conditions that must be met. For instance, if you were acquitted, you must attach a copy of the judgment of acquittal. Failing to do so can result in the court denying the request. Understanding which ground applies to your situation is crucial for a successful petition.
Another common error involves listing the agencies with records related to the arrest. Applicants often fail to identify all relevant officials, agencies, and public entities that may have files subject to expunction. This oversight can prevent the court from properly notifying all necessary parties, which is a vital part of the process.
Finally, many individuals forget to sign the petition in front of a notary. This step is not merely a formality; it is a legal requirement. If the petition is not notarized, it may be considered invalid. Ensuring that all signatures and notary requirements are met is essential for the petition to be accepted.
By being aware of these common mistakes, individuals can better navigate the expunction process in Texas. Careful attention to detail can make a significant difference in achieving a successful outcome.
Misconception 1: The expunction process is automatic.
Many people believe that once they meet certain criteria, their records will be automatically expunged. In reality, individuals must actively file a Petition for Expunction with the court. The court will then review the petition and make a decision based on the information provided.
Misconception 2: All criminal records can be expunged.
Not all criminal records are eligible for expunction. Certain offenses, especially serious crimes, may not qualify. Additionally, if there has been a conviction, the chances of expunction are significantly reduced. Understanding which records can be expunged is crucial.
Misconception 3: Expunction is the same as sealing records.
Expunction and sealing records are different processes. Expunction completely removes the record from public view, while sealing a record restricts access but does not eliminate it. Individuals should clarify their goals when considering these options.
Misconception 4: You do not need to notify law enforcement agencies.
Some individuals think they can file for expunction without notifying the relevant law enforcement agencies. However, the law requires that all agencies that may have records related to the arrest be served with notice of the petition. This step is essential for the process to proceed.
Misconception 5: You can file the petition at any time.
There are specific time frames within which a petition for expunction must be filed. For example, if charges were dismissed, the petition must be filed within a certain period after the dismissal. Understanding these timelines is critical to successfully pursuing expunction.
When filling out the Petition Expunction Texas form, it’s important to keep several key points in mind to ensure a smooth process.
By adhering to these points, you can help facilitate the expunction process and ensure that your petition is properly submitted.
Filling out the Petition Expunction Texas form is an important step in seeking to have your arrest records cleared. After completing the form, you will need to file it with the appropriate court. Be sure to review your answers for accuracy before submission.