Article Structure
The Petition Expunction Texas form serves as a critical tool for individuals seeking to clear their criminal records under specific circumstances. This legal recourse is primarily aimed at individuals who have been arrested but were never charged, had their charges dismissed, were acquitted, were pardoned, or received a recommendation for expunction from a prosecutor. Each petitioner must provide essential information, such as their full name, gender, race, birth date, driver’s license number, and social security number. Furthermore, the form requires detailed information about the arrest, including the offense, arrest date, location, and the agency involved in the arrest. A key component of the petition is the grounds for expunction; applicants must qualify under one of several enumerated conditions. To support their case, petitioners may need to attach documentation, such as court orders or recommendations. Finally, the form necessitates the identification of agencies that may hold records related to the arrest, as they must be notified of the petition. By utilizing this form, individuals take a significant step toward reclaiming their rights and moving forward with their lives.
Petition Expunction Texas Example
EX PARTE
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Cause No: |
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______________________________________ |
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(Print your first, middle and last names.) |
In the __________ |
District Court of: |
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_______________________ 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: ______________________________________________________________
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(List the offense.) |
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Alleged Offense Date: ____________________________________________________ |
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(date the offense was allegedly committed) |
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Arrest Date: ___________________________________________________________ |
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(date of arrest) |
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Location of Arrest: _______________________________________________________ |
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(city, county, and state where you were arrested) |
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5. |
Arresting agency: _______________________________________________________ |
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(List the agency that arrested you. For example, Austin Police Dept. or Travis County |
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Sheriff’s Dept. or Department of Public Safety, etc.) |
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6. |
DPS tracking number: ____________________________________________________ |
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(Get this number from your criminal history record with the Dept. of Public Safety.) |
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Texas Code of Criminal Procedure, Chapter 55 |
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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
_______________________________________________ |
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Petitioner’s name (print) |
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Phone number |
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Mailing address: |
street address |
city |
state |
zip |
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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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Form Characteristics
| Fact Name | Details |
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| Governing Law | The Petition for Expunction in Texas is governed by Chapter 55 of the Texas Code of Criminal Procedure. |
| Eligibility Criteria | To be eligible for expunction, an individual must meet specific grounds, such as never being charged with an offense, having charges dismissed, or being acquitted. |
| Required Information | The form requires the Petitioner's personal details, including name, gender, race, birth date, and information about the arrest, such as the offense and arresting agency. |
| Notification Requirement | Upon filing the Petition, the court requires notification to agencies and public entities that may have records related to the arrest. |
Guidelines on Utilizing Petition Expunction Texas
Once the Petition Expunction Texas form is completed, it will be submitted to the appropriate district court. Following submission, the next steps will involve scheduling a hearing and potentially notifying various agencies about the petition. It’s crucial to accurately complete each section to avoid delays in the expunction process.
- Fill out the header: Write "EX PARTE" and insert the cause number, which is often assigned by the court.
- Enter your information: Provide your full name, including your first, middle, and last names.
- Indicate your gender: Check either male or female.
- Identify your race: Write your race in the provided space.
- Input your birthdate: Include your birthdate in the format of month, day, and year.
- List your driver’s license number: Fill in your driver’s license number.
- Provide your social security number: Enter your social security number for identification.
- Write your address at the time of arrest: Include your complete address during the arrest, including street, city, state, and zip code.
- Detail the offense and arrest: Describe the offense committed, the alleged offense date, the arrest date, the location of the arrest, the arresting agency, and the DPS tracking number.
- Check the box regarding charges: State whether you were charged with any offense related to your arrest.
- Indicate court details: If charged, provide information on the original court and any cause numbers related to your case.
- Address probation status: Confirm that your arrest was not related to a probation revocation warrant.
- Choose grounds for expunction: Specify which of the provided grounds for expunction applies to your case.
- List agencies with records: Identify any officials, agencies, or public entities that may hold records subject to expunction and write their contact addresses.
- Complete the prayer section: Request the court to order the return or destruction of records and make any necessary deletions from public records.
- Sign and date the petition: Provide your signature and the date of signing, and include your printed name, phone number, and mailing address.
- Verification: Sign the verification section in front of a notary and ensure the notary fills out the required information.
What You Should Know About This Form
What is the purpose of the Petition for Expunction in Texas?
The Petition for Expunction allows individuals to request the removal of their arrest records from public databases. By filing this petition, a person seeks to clear their name and ensure that past arrests do not negatively impact their future opportunities.
Who can file a Petition for Expunction?
Any individual who has been arrested may file a Petition for Expunction if certain conditions are met. Generally, the individual must have never been charged with an offense related to the arrest, or they must fall under other specific situations such as dismissal of charges or acquittal.
What information is required to complete the Petition?
The Petition requires detailed personal information such as the individual's full name, gender, race, birth date, driver's license number, social security number, and address at the time of arrest. Additionally, information about the offense, arrest date, location, and arresting agency must be provided.
What conditions qualify for expunction?
Several conditions can qualify an individual for expunction. These include being never charged with an offense, having charges that were dismissed, being acquitted, receiving a pardon, or having a prosecutor recommend expunction. Each condition has specific requirements that must be met.
How long does it take for a Petition for Expunction to be processed?
The timeline for processing a Petition for Expunction can vary based on several factors, including the court's schedule and the complexity of the case. Generally, it may take several months from the time the petition is filed until a hearing is held and a decision is made.
Does a Petition for Expunction guarantee that records will be removed?
No, a Petition for Expunction does not guarantee that records will be removed. The court has discretion in granting or denying the request based on the information provided and the eligibility criteria met by the petitioner.
What happens after the court grants an expunction?
If the court grants the expunction, the agencies involved in the arrest must either return or destroy the records. They are also required to remove any public references related to the arrest, restoring the individual's privacy regarding that incident.
Are there fees associated with filing a Petition for Expunction?
Yes, there may be court fees associated with filing a Petition for Expunction. These fees can vary by county. It is advisable to check with the local court for specific fee amounts and any possible waiver options.
What if my petition for expunction is denied?
If a petition for expunction is denied, the individual can possibly refile after fulfilling additional requirements or waiting for a predetermined time period. Legal advice may be necessary to understand the reasons for denial and potential next steps.
Can I file a Petition for Expunction on my own?
While it is possible to file a Petition for Expunction without an attorney, seeking legal assistance is recommended. Understanding the legal nuances and ensuring that all necessary information is included can significantly improve the chances of a successful outcome.
Common mistakes
Filling out the Petition for Expunction form in Texas can be daunting. Many people make common mistakes that can lead to delays or even denials. Understanding these errors is essential for a successful application.
One mistake often seen is the incomplete personal information. It is crucial to provide your full name, gender, race, birthdate, driver’s license number, social security number, and address at the time of the arrest accurately. Missing or incorrect details can cause the court to reject the petition or request additional information, which prolongs the process.
Another frequent error involves misstating the offense details. This section requires listing the exact charge, the alleged offense date, arrest date, and the arresting agency. Failing to provide accurate dates or identifying the wrong agency can complicate the case. It's essential to double-check this information with official documents to ensure its accuracy.
Many individuals do not carefully review the grounds for expunction. The form has specific criteria that must be met to qualify for expunction. Some petitioners skip this section or mistakenly believe they are eligible when they do not meet the requirements outright. It's important to go through each option and check all applicable boxes, while also understanding the implications of each choice.
The notice to agencies section can also lead to complications. Petitioners often forget to list all agencies that may have records related to the arrest. Not providing the names and addresses of these entities can lead to improper notification regarding the hearing, which could affect the outcome of the petition.
Finally, a prevalent oversight occurs during the verification process. Some people neglect to sign the petition in front of a notary. This signature is critical, as it validates the petition. Without this step, the petition may be deemed incomplete, resulting in unnecessary delays.
Documents used along the form
When seeking to file a Petition for Expunction in Texas, several related forms and documents may be necessary to ensure a smooth process. Each document serves a distinct purpose in supporting the expunction request. Below is a list of common forms often used in conjunction with the Petition for Expunction.
- Consent to Expunction: This document is signed by the prosecuting attorney, indicating their support for the expunction request. Having this consent may strengthen the case presented to the court.
- Order of Expunction: After the court reviews and approves the petition, this order officially directs all relevant agencies to remove or destroy the arrest records.
- Notice of Hearing: This form notifies all agencies and parties concerned about the date and time of the hearing for the expunction petition, ensuring all stakeholders have the opportunity to attend.
- Verification of No Charges: In some cases, a statement affirming that there have been no pending charges related to the arrest can help clarify the petitioner's situation and bolster their case.
- Proof of Service: This document confirms that all necessary parties have been legally informed about the petition and the upcoming hearing, ensuring compliance with legal procedures.
- Affidavit of Inability to Pay: If applicable, this affidavit outlines the petitioner’s financial situation, which may provide context regarding legal fees and costs associated with the expunction process.
- Attachment of Relevant Court Documents: Supporting documentation related to the arrest, court proceedings, or any other relevant legal records should be included to provide a comprehensive view of the case.
- Receipt of Fees Verification: If any fees were paid to the court or associated agencies, this receipt serves as proof of payment, which can be important for the processing of the expunction.
- Petitioner’s Criminal Record: A copy of the petitioner’s criminal record, obtained from the Texas Department of Public Safety, helps demonstrate the grounds for expunction and verifies that the individual qualifies.
- Legal Affidavit: If an attorney assists with the expunction process, their affidavit can affirm the legitimacy of the petition and confirm that all necessary steps have been taken.
Utilizing these forms and documents effectively can facilitate a successful expunction process. Each piece plays a vital role in ensuring that the request is complete and that the court has all necessary information to make an informed decision.
Similar forms
The Petition for Expunction in Texas shares similarities with several other legal documents. Here are four of those documents, along with explanations of how they are alike:
- Plea Agreement: Like the Petition for Expunction, a plea agreement outlines the actions related to a charge or arrest, including resolutions where charges may be dropped or modified. Both documents require information about the defendant and the circumstances surrounding the charges.
- Motion to Dismiss: A Motion to Dismiss and a Petition for Expunction both serve to eliminate or invalidate previous charges or records. They often detail the circumstances leading to the request and require supporting documentation, similar to how the expunction petition includes information regarding arrest and charges.
- Application for Post Conviction Relief: This application is pursued after a conviction and seeks to overturn the conviction or rectify legal errors. Both the Application for Post Conviction Relief and the Petition for Expunction demand a clear presentation of the facts surrounding the case and a justification for the requested legal action.
- Judgment of Acquittal: A Judgment of Acquittal is issued when a person is found not guilty of the charges against them. Both this judgment and the Petition for Expunction involve official recognition of a person's legal standing following an arrest or charge and may require documentation to support the claim of innocence or dismissal of charges.
Dos and Don'ts
When filling out the Petition Expunction form in Texas, it’s crucial to approach the process with care. To help streamline your experience, here’s a list of things you should and shouldn’t do.
- Do read the instructions carefully before starting.
- Do provide accurate personal information, including your full name and address.
- Do check for any required documentation, such as copies of court orders or dismissals.
- Do clearly state the grounds for expunction that apply to your case.
- Do maintain copies of the completed petition for your records.
- Don’t rush through the form; take your time to ensure everything is filled out correctly.
- Don’t provide false information, as inaccuracies can lead to complications.
- Don’t forget to sign the petition in front of a notary public.
- Don’t leave out any required details about previous charges or arrests.
- Don’t hesitate to seek help from an attorney if you have questions about your eligibility.
By following these guidelines, you can navigate the expunction process more smoothly, increasing the likelihood of a successful outcome.
Misconceptions
- Misconception: Everyone is eligible for expunction. Not everyone who has been arrested can have their records expunged. Specific conditions must be met, such as not being charged with an offense related to the arrest or having the charges dismissed.
- Misconception: An expunction automatically removes all records. An expunction only applies to specific records associated with your arrest. Some records, like those not considered part of your arrest process, may still remain public.
- Misconception: You can't apply for expunction if you’ve been convicted. If you've been convicted but later pardoned or if the charges were dismissed, you may still be eligible for expunction. It’s important to check the circumstances surrounding your case.
- Misconception: Expunction is a quick process. The expunction process can take time. After filing the petition, a hearing will be set, and notice must be given to relevant agencies, which can add to the timeline.
- Misconception: An attorney is not needed for expunction. While it’s possible to file the petition on your own, having an attorney can provide guidance to navigate the process effectively. They can help ensure all necessary forms and information are submitted correctly.
- Misconception: Once expunged, no one can see the records. While expunction makes your records unavailable to the public, certain government agencies may still have access to them under specific circumstances.
- Misconception: You can expunge records for any reason. The law requires specific grounds for expunction, such as being never charged, having charges dismissed, or being acquitted. Simply wanting to move on from the past isn’t a valid legal reason.
Key takeaways
Filling out the Petition Expunction Texas form can be a crucial step in reclaiming your record from an arrest. Understanding the process will make it smoother and less stressful. Here are key takeaways to consider:
- Complete Personal Information Accurately: Ensure that all personal details, such as your name, gender, race, and social security number, are filled in correctly. Errors or omissions can delay the process.
- Know Your Offense Details: Provide precise information regarding the offense, including the date of the alleged incident and the arresting agency. This information is vital for your petition to be processed correctly.
- Check Eligibility Grounds: Familiarize yourself with the different grounds for expunction, such as being never charged or having your charges dismissed. Selecting the appropriate ground is essential for your case.
- Include Supporting Documents: Attach any necessary documentation that supports your claims, like dismissal orders or court acquittals. This strengthens your petition and helps establish your case clearly.
- Identify Relevant Agencies: List all officials and agencies that may have records of your arrest. Gathering this information ensures that all relevant parties are notified of your petition.
- Follow Notarization Procedures: Sign the petition only in front of a notary. Ensure that the notarization section is completed correctly, as this is a requirement for your submission.
Each step holds significance in your petition for expunction. By approaching the process with attention to detail, you can navigate it more effectively.
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