Petition Expunction Texas Form PDF Details

In the state of Texas, there is a process known as expunction, which can be used to clear your criminal record. If you have been arrested but never convicted of a crime, or if your conviction has been pardoned or set-aside, you may be eligible to have your arrest record expunged. The Petition Expunction Texas form can help you through the process. This form is designed to help you gather all the required information and submit it to the court. It's important to note that not everyone who is eligible for expunction will qualify, so it's best to talk to an attorney about your specific case.

Here is the details relating to the PDF you were looking for to fill in. It will tell you how long it takes to fill out petition expunction texas form, what fields you will have to fill in and a few additional specific details.

QuestionAnswer
Form NamePetition Expunction Texas Form
Form Length5 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min 15 sec
Other namespetition for expungement, expunction texas pdf, texas expungement, forms for expungement

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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.)

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Texas Code of Criminal Procedure, Chapter 55

 

(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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Texas Code of Criminal Procedure, Chapter 55

 

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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Texas Code of Criminal Procedure, Chapter 55

 

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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Texas Code of Criminal Procedure, Chapter 55

 

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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Texas Code of Criminal Procedure, Chapter 55

 

How to Edit Petition Expunction Texas Form Online for Free

Our qualified developers have worked together to implement the PDF editor that you may go with. The following app allows you to prepare petition expunction documentation quickly and efficiently. This is all you need to undertake.

Step 1: Click the "Get Form Now" button to begin.

Step 2: As soon as you have entered the petition expunction edit page, you will notice all actions it is possible to use concerning your file in the upper menu.

Complete the particular segments to prepare the file:

expunction petition empty spaces to fill out

Fill out the My birth date is, month day and year, My drivers license number is, My social security number is, My address at the time of the, PRINT your address at the time of, Offense and Arrest, Offense, List the offense, Alleged Offense Date, date the offense was allegedly, Arrest Date, date of arrest, Location of Arrest, and city county and state where you fields with any content that will be required by the platform.

Filling in expunction petition part 2

The application will request for additional information to be able to automatically fill out the box attorney if youre not sure Check, I have not been charged with any, I was charged with an offense, The official charges related to, number but later transferred to, My charges were originally filed, the following cause number, My charges were finally prosecuted, the original court with the same, the following court with, the following cause number, My arrest was not pursuant to a, of an arrest that occurs pursuant, Grounds for Expunction Check the, and Never Charged You were never.

step 3 to finishing expunction petition

The I have not been charged for an, I was arrested for a Class C, I was arrested for a Class A or B, since the arrest I have not been, I was arrested for a felony and It, note below, The prosecuting attorney has, needed for use in any criminal, and The Statute of Limitations has run field will be used to list the rights or responsibilities of each party.

Completing expunction petition part 4

Finish by checking the next areas and filling them in accordingly: Dismissed Your charges were, My charges were dismissed or, I have attached a copy of the, I have been released and the, I have not submitted to any kind, I did not intentionally or, My charges were dismissed or, Check one, because I completed a pretrial, Government Code or because I was, and and prosecution is no longer.

Finishing expunction petition step 5

Step 3: Click "Done". Now you can export your PDF file.

Step 4: Generate copies of your file. This should protect you from potential troubles. We don't view or publish your data, thus feel comfortable knowing it is secure.

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