PETITION FOR EXPUNCTION OF RECORDS TO THE HONORABLE JUDGE OF THIS COURT: ____________ petitioner, petitions the court to order
the expunction of all records and &les arising out of petitioner's arrest on [date], and in support of this petition shows: I. Petitioner is a, _____________ [allege race and sex e.g., black female] whose full name is ________Petitioner was born on [date], and was living at (set forth address 1, at the time of the arrest at issue. Petitioner's Driver's license number is and (his or her] Social Security number is ______. II On [date], petitioner was arrested in [allege name of both municipality and county of arrest], by ________ [name and/or title of officer] of [name of public entity responsible for the arrest, e.g. Houston Police Department]. Petitioner was charged with committing the offense of _____________ [specify offense. e.g., aggravated robbery] on ____ (date of its alleged commission]; and complaint number ______________was file against ___ [him or her] in the ___court of ______ County, Texas. III Petitioner has reason to believe that the following agencies, officials, or other public entities of this state have records concerning the arrest: _____ [List names and addresses of all officials, agencies, or other entities that there is reason to believe possess records concerning the arrest]. IV Pursuant to Chapter 55 of the Code of Criminal Procedure, petitioner is entitled to have all records and files concerning the arrest expunged for the following reason: __________ (select appropriate alternative to show right to expunction based on acquittal or pardon i.e., 1. Petitioner was tried for the above offense on ____ (date) and was acquitted by the trial court on ___ (date). 2. Petitioner was tried for the above offense on _____ (date) and was convicted on _____
petitioner is entitled to have all records and files concerning the arrest expunged for the following reasons (allege all of following matters to show right to expunction based on failure to file charging instrument or dismissal of instrument): 1. Petitioner has been released from custody on this charge.12 of the Code of
Criminal Procedure on this matter. agency. Petitioner was not released on a conditional discharge under former Section
481. agency.(date).109 of the Health and Safety Code.g. of the arrest. the petitioner prays the court: 1. Section 2 of the Texas Code of Criminal Procedure. 4.. to order each official.02. WHEREFORE. 6. [No indictment or information has been presented against the petitioner for an
offense arising out of the transaction leading to the arrest or The __________ (indictment or information) presented against the petitioner has been dismissed because _______________ (state reason for dismissal. Petitioner was tried for the above offense on ____ (date) and was convicted on _____ (date). e. The Court of Criminal Appeals acquitted petitioner of this offense on ____ (date). Any charges against petitioner arising out of the transaction for which petitioner
was arrested have not resulted in a final conviction and are no longer pending. There was no court-ordered probation under Article 42. Petitioner was pardoned for this offense by ________ (name and title of pardoning official) on _______ (date). or other public
. 3. 2. the indictment was void)]. 3. To set this matter for hearing. [OR] Pursuant to Chapter 55 of the Code of Criminal Procedure. or other public Petitioner has not been convicted of a felony in the five years preceding the date
entity named in paragraph III of this petition pursuant to Article 55. After the hearing on this matter. 3. 2. To give reasonable notice of the hearing to each official. 5.
5. c. to the Department of Public Safety and to each official. or if removal is impracticable. Respectfully submitted. on this day personally appeared (petitioner).
Attorney for Petitioner
AFFIDAVIT BEFORE ME. to obliterate all references to petitioner and notify the court of its action. Return all records and files concerning the arrest to the court. 4. and to direct the Department of Public Safety to send to each central federal depository an explanation of the effect of the order as well as a request for the return or destruction of the records held by the central federal depository. the undersigned authority. who after being duly sworn stated: "I am the petitioner in this cause. obliterate all references to petitioner and notify the court of its action.
_____________________________ (signature of affiant)
. To return to the petitioner all records. b. Request each central federal depository to which it supplied information concerning the arrest of petitioner to return all such records and files to the court. or other entity named in paragraph III of the petition. return receipt requested. To direct the clerk of the court to send a certified copy of the order by certified mail. or if removal is impracticable.entity that there is reason to believe possesses records or files concerning the arrest to: a. agency. 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. I have read the petition for expunction of records and swear that all of the allegations of fact contained in the petition are true and correct. Delete from its public records all index references to the above-mentioned arrest of the petitioner.
Texas.SUBSCRIBED AND SWORN TO BEFORE ME on the ____day of ____ to certify which witness my hand and official seal _____________________________________ Notary Public in and for the State of Texas
ORDER SETTING HEARING DATE IT IS ORDERED that the hearing on the Petition for Expunction of Records is hereby set for_________ [time J on the _____ day of ________ in the courtroom of the _______ (name of court).
SIGNED this the _____ day of ________________. in _____________ (city). 2011
_______________________________________ JUDGE PRESIDING
are hereby expunged. SIGNED this the _____ day of ___________________
. or other entity listed below delete from its public records all index references to the arrest of the petitioner that is the subject of the cause. or other entity listed below that has sent information concerning the arrest to a central federal depository of criminal records request the agency to return the records to the court. Each official agency. agency. or other entity listed below return all records and files concerning the arrest to the court. IT IS THEREFORE ORDERED that: 1. to the Department of Public Safety and to the following:
__________________ [List all names and address of each official agency or other entity named in the petition] and that the Department of Public Safety send to [name of central federal depository] an explanation of the effect of the order and request it to return or destroy the records of petitioner in compliance with this Order. or if removal is impracticable. 3. or if removal is impracticable to obliterate all references to petitioner and notify the court of its action. came to be heard petitioner's Petition for Expunction of Records. 4. Any and all records and/or files of ____________ [name of petitioner] concerning the arrest on _________ in Harris County. return receipt requested. Each official.ORDER OF EXPUNCTION On this the____ day of __________________. 2. Any official. Texas. and it appears to the court that this petition should be granted. to obliterate all references concerning the petitioner and notify the court of its action. The clerk of the court send a certified copy of this order by certified mail. agency. 5.
_________________________________ JUDGE PRESIDING