free diy texas expungement of criminal record: guide and forms

Disclaimer: This document includes both a guide to the process and free forms (petition, etc.) that can beused in a do-it-yourself way to get your criminal record expunged or sealed. Hopefully, reading through it fromstart to finish will help you to understand how this process works in Texas and you will be able to get yourcriminal record removed from public view. These forms and this guide are provided as a public service by theircopyright owner, Michael Lowe, who is a Board Certified Criminal Defense law practicing in Dallas, Texas.However, you are not forming any kind of attorney-client relationship with him here. It is hoped that you canunderstand and fill these forms out without the need for a lawyer. If you have a few simple questions, then youmay be able to get answers at no cost to you by calling the clerk of the court where you were convicted.

ELIGIBILITY FOR REQUIREMENTS TO EXPUNGEYOUR CRIMINAL RECORD IN TEXAS

To determine whether you are eligible to have your criminal record(s) expunged in Texas, pleaseanswer the following questions:

I. DISMISSAL, NOT PRESENTED, NO BILL BY GRAND JURY

1. Were you arrested or charged with a crime and your case was dismissed by the courtand you were never placed on any kind of probation for this case?

2. Were you arrested or charged with a felony and the case was presented to the GrandJury and No Billed (Grand Jury did not indict) by the Grand Jury?

3. Were you arrested for a felony or misdemeanor and your case was never filed withany District Attorneys office?

4. Were you arrested and charged with a felony and your case was never presented to theGrand Jury for indictment?

If you answered yes to any of the above questions and you have not been previously convicted of afelony in the five (5) years before you were arrested for or charged with the offense for which youseek an expunction, you are eligible if the applicable waiting period has expired before you file yourpetition to expunge your record. To determine what the waiting period is for your particular arrest orcharge, please see the following chart below.

If you did not answer yes to any of the above, go to parts II, III, IV and V.

I. DISMISSAL, NOT PRESENTED, NO BILL BY GRAND JURY:STATUTE OF LIMITATIONS CHART

MISDEMEANOR CASES

1. Class C Misdemeanor waiting period is 180 days from date of arrest.

2. Class B Misdemeanor waiting period is one year from date of arrest.

3. Class A Misdemeanor waiting period is one year from date of arrest.

FELONY CASES

For felony arrests or charges, the applicable waiting period is three (3) years from the date of arrest.

If the applicable waiting period has not yet expired, the attorney representing the State of Texas (e.g.county attorney, district attorney, or city attorney) must first certify that records related to the arrestare not needed in any criminal investigation or charge before you can be eligible to expunge yourrecord.

II. NOT GUILTY BY JUDGE OR JURY

Did a judge or jury find you not guilty?

If yes, then you can have your record expunged.

III. PARDONED BY THE TEXAS GOVERNORS OFFICE

After you were convicted of an offense, did the State of Texas Governor grant a full pardon to youfor the offense?

If yes, then you can have your record expunged.

IV. DEFERRED ADJUDICATION ON CLASS C MISDEMEANORS

Did you receive a deferred adjudication for a Class C Misdemeanor offense?

Was the Class C Misdemeanor a traffic ticket to a person younger than 17, an offense committedby a person who holds a commercial drivers license or was a traffic offense committed in aconstruction zone?

If you answered yes to the first question and no the second, then you are eligible for an expunctionafter two years from date of offense.

If you answered yes to both questions, your case is not eligible to be expunged.

If you answered no to the first question, your case is not eligible to be expunged.

What is deferred adjudication?

Deferred adjudication is a non-conviction type of probation. If you successfully complete yourprobation, there is no conviction and your case is dismissed. If you are not sure whether you had adeferred adjudication probation or a regular (conviction type) probation, contact the court and ask fora copy of the judgment and sentence for your case. The judgment or sentence will state what type ofprobation you received.

What is a Class C Misdemeanor?

A class C misdemeanor is punishable only be a fine. It is the lowest level of misdemeanor. Forexample, theft less than $50 or contact/threat assault are class C misdemeanors. Most commonly,class C misdemeanors are filed in municipal courts or Justice of the Peace courts. However, ifyour case was originally filed in a county or district court, it could have been reduced to a class Cmisdemeanor. If you dont know, you can contact the court to get a copy of the judgment andsentence for your case.

V. IF YOU DO NOT FIT INTO ANY OF THE CATEGORIES LISTED ABOVE,YOUR CASE CANNOT BE EXPUNGED.

INSTRUCTIONS FOR PETITIONS TO EXPUNGE RECORDS

1. Fill out your Petition. All grey text field regions must be filled out! After completing all textfields sign your Petition and have it notarized.

2. Locate the address to the District Clerks Office of where you case originally arose. Go tohttp://texasclerks.com/ to find the correct District Clerks address information.

3. Contact the District Clerks Office to find out what the filing fee is in that particular county. (Youmust do this, because the filing fees vary greatly from county to county.) Go to http://texasclerks.com/ tofind the correct District Clerks phone number.

4. File or mail Petition To Expunge and the Cover Letter and enclose a check for the appropriatefiling fee amount due to the District Clerks Office. Make sure you include the correct number of copiesand a self-addressed stamped envelope so the court can return a file-stamped copy of your Petition.

5. When you receive the file stamped copy back, check the Fiat to find out what date the Court hasset your Petition For Expunction for a hearing.

6. Once you have a hearing date set, contact District Attorneys office. (The District Clerk will giveyou their phone number.) Find the prosecutor who handles Expunctions and ask them whether they willagree to expunge the record.

7. If the prosecutor agrees to expunge, then request that the prosecutor notify the court in writing thatthere is an agreement to expunge.

8. Have the prosecutor sign the proposed order to expunge your criminal record.

9. If the prosecutor agrees to expunge and signs the proposed order, submit the order for the judge=sapproval and signature. Usually the prosecutor will do this for you.

10. If the prosecutor will not agree to expunge, you must attend the hearing on the date set by thecourt.

11. During the hearing make sure that everything is recorded by the court reporter. REQUEST ACONTINUANCE IF THERE IS NO COURT REPORTER. Make sure you state on the record all of thereasons that you are eligible to have your record expunged. If you are not sure, bring a copy of the petitionyou filed and read into the court=s record all of the reasons you feel that you qualify to have your recordexpunged.

TODAY'S DATE

NAME OF CLERKADDRESS OF CLERKCITY, STATE ZIP

Re: Petition for Expunction of Records - NAME OF PETITIONER

Dear Clerk:

Enclosed please find an original and five copies of the above-mentioned petition, along withan order, for your convenience, setting a hearing date and a check in the amount of $ AMOUNT OFMONEY. Please file stamp one of the copies and return it to me, along with the order once a hearingdate has been set, in the enclosed self-addressed stamped envelope.

If you have any questions regarding this, please do not hesitate to contact me. Thank you foryour assistance in this matter.

Sincerely,

NAME OF PETITIONER

Enclosures

PETITION FOR EXPUNCTION OF RECORDS PAGE 7

CAUSE NO. _________________

EX PARTE ' IN THE _______________________'

VS. ' JUDICIAL DISTRICT COURT'

NAME AT TIME OF OFFENSE '' _________________COUNTY, TEXAS

COUNTY WHERE CASE WAS FILED

PETITION FOR EXPUNCTION OF RECORDS

TO THE HONORABLE JUDGE OF SAID COURT:

YOUR NAME AT TIME OF THE OFFENSE, Petitioner, petitions the Court to order the

expunction of all records and files arising out of Petitioners arrest on DATE OF ARREST, and in

support of this petitioner shows:

I.

Petitioner is a RACE SEX whose full name is YOUR NAME AT TIME OF THE OFFENSE.

Petitioner was born on DATE OF BIRTH. Petitioners Texas Drivers License No. is YOUR

LICENSE NUMBER IF YOU HAVE ONE, and his/her Social Security No. is YOUR SOCIAL

SECURITY NUMBER IF YOU HAVE ONE.

II.


On DATE OF ARREST IF NEVER ARRESTED, LIST DATE CASE WAS FILED,

Petitioner was arrested in the City of CITY OF ARREST by a NAME OF POLICE AGENCY, ex.:

Dallas Police, Officer, charging him/her with OFFENSE CHARGED.

[IF CASE WAS NO BILLED BY THE GRAND JURY, DO THE FOLLOWING:]

Under Cause Number _________________, said case was presented to a Grand Jury and no

billed by a COUNTY CASE WAS FILED IN, ex: DALLAS County Grand Jury on DATE CASE

WAS NO BILLED.

[IF CASE WAS NOT FILED BEFORE THE WAITING PERIOD, DO THE

FOLLOWING:]

Since the aforementioned date of arrest and until the filing of this Petition, no case arising out

of this arrest has been filed with any District Attorney Office or presented to any Grand Jury. Before

the filing of this petition, the applicable waiting period had expired.

[IF CASE WAS DISMISSED AND THE APPLICABLE WAITING PERIOD

HAS EXPIRED, DO THE FOLLOWING:]

Cause Number _________________was dismissed DATE OF DISMISSAL. Since

that time the applicable waiting period LIST APPLICABLE LIMITATIONS PERIOD has expired

and no other case has been filed prior to the expiration of said limitations period.

[IF CASE WAS DISMISSED FOR LACK OF PROBABLE CAUSE AND THE


APPLICABLE WAITING PERIOD HAS NOT EXPIRED, DO THE FOLLOWING:]

Cause Number _________________, was dismissed for lack of probably cause, DATE OF

DISMISSAL , LIST ALL REASONS THAT YOU BELIEVE THAT THERE WAS NO

PROBABLY CAUSE

[IF CASE WAS TRIED AND DEFENDANT WAS FOUND NOT GUILTY, DO THE

FOLLOWING:]

In Cause Number _________________, and on DATE OF VERDICT, a COUNTY OF

TRIAL County JURY or JUDGE found Defendant NAME OF PETITIONER not guilty.

[IF DEFERRED ADJUDICATION ON CLASS C MISDEMEANOR, DO THE

FOLLOWING:]

On DATE PLACE ON DEFERRED ADJUDICATION PROBATION, Petitioner was placed

on a deferred adjudication probation in NAME OF COURT, ex: Dallas Municipal Court for TYPE

OF OFFENSE , a class C misdemeanor.

III.

Petitioner has reason to believe that the following agencies, officials, or other public entities

of this state have records concerning the arrest:

1) ARRESTING OR CHARGING POLICE AGENCY ex:Dallas Police DepartmentJack Evan Police Headquarters1400 S. Lamar StreetDallas, Texas 75215-1815


Records Division

2) PROSECUTING ATTORNEY'S OFFICE ex:Dallas District Attorney=s Office133 N. Industrial Blvd.Dallas, Texas 75207Records Department

3) IF FELONY, DISTRICT CLERK OFFICE; IF MISDEMEANOR, COUNTY CLERKOFFICE ex:Dallas District Clerk133 N. Industrial Blvd.Dallas, Texas 75207Records Department

4) Texas Department of Public Safety5805 N. LamarP. O. Box 4087Austin, Texas 78773

IV.

Pursuant to Articles 45 and 55 of the Texas Code of Criminal Procedure, Petitioner is entitled

to have all records and files concerning the arrest expunged for one or more of the following reasons:

[ONLY SELECT APPLICABLE SITUATION LISTED BELOW]:

5.1 No indictment or information has been presented against Petitioner for an offense

arising out of the transaction before the applicable waiting period. And:

No charges against Petitioner arising out of the transaction for which

Petitioner was arrested have resulted in a final conviction or are pending.


There was no court-ordered probation under Article 42.12 of the Code of

Criminal Procedure on this matter.

Petitioner was not released on a conditional discharge under Section 4.12 of

the Texas Controlled Substance Act.

Petitioner had not been convicted of a felony in the five years preceding

Petitioners arrest or charge that makes the subject of this petition.

5.2 This case was No Billed by a Grand Jury and the applicable waiting period has

expired before the filing of this case and no other case arising out of this transaction

was ever presented to a Grand Jury. And:

No charges against Petitioner arising out of the transaction for which

Petitioner was arrested have resulted in a final conviction or are pending.

There was no court-ordered probation under Article 42.12 of the Code of

Criminal Procedure on this matter.

Petitioner was not released on a conditional discharge under Section 4.12 of

the Texas Controlled Substances Act.

Petitioner had not been convicted of a felony in the five years proceeding

Petitioners arrest or charge that makes the subject of this petition.

5.3 Petitioner was found not guilty by a judge or jury, and that was the final disposition


on the charge that makes the subject of this petition.

5.4 The Governor for the State of Texas granted Petitioner a full pardon for the offense

that makes the subject of this petition.

5.5 Petitioner was placed on a deferred adjudication probation for a class

misdemeanor and later successfully completed said probation and said case was

dismissed.

5.6 This case was Dismissed and the applicable waiting period has expired before the

filing of this case and no other case arising out of this transaction was filed. And:

No charges against Petitioner arising out of the transaction for which Petitioner was

arrested have resulted in a final conviction or are pending.

There was no court-ordered probation under Article 42.12 of the Code of Criminal

Procedure on this matter.

Petitioner was not released on a conditional discharge under Section 4.12 of the

Texas Controlled Substances Act.

Petitioner had not been convicted of a felony in the five years proceeding Petitioners

arrest or charge that makes the subject of this petition.

5.7 This case was dismissed due to a lack of probable cause.

WHEREFORE, the Petitioner prays the Court:


1. To set this matter for hearing.

2. To give reasonable notice of hearing to each official, agency, or other public entity

named in Paragraph III of this Petition pursuant to Article 55.02, Section 2 of the

Texas Code of Criminal Procedure.

3. After the hearing on this matter, to order each official, agency, or other public entity

that there is reason to believe possesses records or files concerning the arrest to:

a. Return all records and files concerning the arrest to the Court, or if removal is

impracticable, obliterate all references to Petitioner to return al such records

and files to the Court, or if removal is impracticable, to obliterate all

references to Petitioner and notify the Court of its action.

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 if removal is impracticable, to obliterate all references to Petitioner

and notify the Court of its action.

c. Delete from its public records all index references to the above mentioned

arrest of the Petitioner.

4. To direct the clerk of the Court to send a certified copy of the Order by certified mail,

return receipt requested, to the Department of Public Safety and to each official,

agency, or other entity named in Paragraph III of the Petition; 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.

5. To return to the Petitioner all records, 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.

Respectfully submitted,

_________________

NAME OF PETITIONERADDRESS OF PETITIONERPHONE NUMBER OF PETITIONERFAX NUMBER OF PETITIONER

PETITIONER APPEARING PRO SE


AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared

_______________________________________ , who after being duly sworn stated:

AI am the Petitioner in this cause. 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.@

__________________________________

NAME OF PETITIONER

SUBSCRIBED AND SWORN TO BEFORE ME on this the ______ day of

_________________, 20____.

___________________________________

Notary Public in and for the State of Texas

My Commission Expires: ______________


CAUSE NO. _________________

EX PARTE ' IN THE _______________________'




ORDER SETTING HEARING DATE

It is ORDERED that the hearing on the Petition for Expungement of Records is hereby set

for ________ o=clock, ____. m. on the ____ day of _________________, 20___, in the courtroom

of the _______________________________ Court in Dallas, Texas.

SIGNED this the _____ day of ______________________, 20___

_____________________________________

JUDGE PRESIDING


CAUSE NO. _________________

EX PARTE ' IN THE _______________________'




ORDER GRANTING EXPUNCTION

I.

Petitioner has the following description: [FILL IN YOUR IDENTIFYING INFORMATION]

Race:Sex:Date of Birth:Texas drivers license #:Social Security #:Address at time of arrest:

II.

The Court finds that the Petitioner is entitled to expunction of the following Dallas Countyarrest by the Police Department: [FILL IN OFFENSE IDENTIFYING INFORMATION]

Offense Date Arrest Date Offense Number

III.


Respondents are:[ADD ALL POLICE AGENCIES INVOLVED IN YOUR CASEINCLUDING SHERRIFF IN COUNTY WHERE OFFENSE OCCURRED, COUNTY ANDDISTRICT CLERKS OFFICES AND DPS. THE FOLLOWING ARE EXAMPLES, THESEDONT NECESSARILY APPLY TO YOUR CASE]

3.1 Dallas Police DepartmentRecords Division2014 Main StreetDallas, Texas 75201

3.2 Dallas District Attorneys OfficeRecords Department133 N. Industrial Blvd.Dallas, Texas 75207

3.3 Dallas County District ClerkRecords Department133 N. Industrial Blvd.Dallas, Texas 75207

3.4 Dallas County Sheriffs DepartmentRecords Department133 N. Industrial Blvd.Dallas, Texas 75207

3.5 Texas Department of Public SafetyCrime Records Division - MSC 0234P. O. Box 4143Austin, Texas 78765-4143

3.6 PETITIONER HAS REASON TO BELIEVE THAT BY INPUT INTO THENATIONAL CRIME INDEX COMPUTER, THE FEDERAL BUREAU OFINVESTIGATION MAY HAVE STORED INFORMATION CONCERNING THEARREST FOR WHICH THIS PETITION IS BEING BROUGHT. WHILE THESEFEDERAL AGENCIES ARE NOT RESPONDENTS IN THE STATEPROCEEDINGS, PURSUANT TO TEXAS CODE OF CRIMINAL PROCEDURE


ART. 55.20, SECTION 3(A), THE TEXAS DEPARTMENT OF PUBLIC SAFETYSHALL FORWARD THE FINAL ORDER EMANATING FROM THE STATEPROCEEDINGS TO THE FBI.

IV.

The Court finds that Respondents have been served with a copy of the petition as required bylaw.

V.

IT IS THEREFORE ORDERED that all records and filed pertaining to the arrest beexpunged. Related arrests (same or similar charge, date, or arresting agency) not specifically listedherein are excluded from this expunction order. However, records of such unexpunged arrests whichwould not have been generated except for the expunged arrest shall be expunged.

VI.

The phrase all records and files pertaining to the arrest does include records and files whichwere generated by respondents during this expunction proceeding, including the copies of thepetition (and of this order) which are served on each respondent.

VII.

In accordance with TEX. CODE CRIM. PROC. ANN. Art. 55.06, the phrase all records andfiles pertaining tot he arrest does not include records relating to the suspension or revocation of adrivers license, permit or privilege to operate a motor vehicle except as provided in TEX. TRANSP.CODE ANN. 524.015 and 724.048 (Vernon Pamphlet 1996).

VIII.

8.1 Records and files pertaining to the arrest shall be expunged by turning them in to theclerk of this court, in a sealed envelope, by hand delivery or by mail to [THEDISTRICT CLERKS OFFICE FOR THE COUNTY IN WHICH YOU AREFILING THIS PETITION, FOR EXAMPLE]:


District ClerkAttention: Expunction Section133 N. Riverfront Blvd.Dallas, Texas 75207

8.2 Videotapes and audiotapes shall be expunged by erasing them.

8.3 Records which pertain both to this arrest and to other arrests which are not includedin this order, and which would have been generated even if the expunged arrest hadnot been made, shall be obliterated (covered with tape, liquid paper, or other opaquesubstance) only insofar as they pertain to this arrest. A photocopy of such records,partially obliterated, shall be forwarded to the District Clerk as specified in 8.1.

8.4 Each respondent that has sent information concerning the arrest to a central federaldepository shall request such depository to return all records and files subject to theorder of expunction.

8.5 Each respondent shall attach a certificate to the sealed envelope, certifying that theseare all the expunged records; and, if the respondent has sent information concerningthe arrest to a central federal depository, it shall also certify that the respondentrequested such depository to return all records and files subject to the order ofexpunction.

8.6 Alternatively, records pertaining to this arrest may be expunged by the record keepingagency obliterating or destroying the records. The agency shall then send a certificateto the District Clerks Office certifying that the records have been destroyed.

IX.

No copy of this order shall be given to Petitioner, nor to any Respondent, nor to any otherperson, until it has become final and until the clerk has certified to its finality. When it has becomefinal, the clerk shall so certify and shall mail certified copies of it:

9.1 by certified mail, return receipt requested, to the [COUNTY IN WHICH THISPETITION IN FILED] County District Attorneys Office on behalf of itself and allcounty law enforcement agencies;


9.2 by ordinary first class mail to Petitioner or his attorney; and

9.3 by certified mail, return receipt requested, to all other Respondents.

No Respondent shall comply with this order until it has been thus served.

X.

If the Petitioner should file a civil action arising out of his arrest which is the subject of thisexpunction, he necessarily by his own allegations makes the materials contained in the expungedrecords, as well as the contents of the expunction file, a matter of public record subject to discoveryproceedings. W.V. v. State, 669 S.W.2d 376, 379 (Tex. App. Collin 1984, writ refd n.r.e.). If theexpunction file is still in the [COUNTY IN WHICH THIS PETITION IN FILED] County DistrictClerks custody, the person seeking discovery of its contents shall notify the [COUNTY IN WHICHTHIS PETITION IN FILED] County District Clerk and the [COUNTY IN WHICH THIS PETITIONIN FILED] County District Attorneys Office. Upon motion and order, the clerk of this court shalldeliver the expunction file to the clerk of the civil court where said action is pending, taking hisreceipt for the same.

XI.

The costs which are described in Art. 102.006 of the Code of Criminal Procedure areassessed against Petitioner.

XII.

The clerk of the court shall destroy all files or other records collected or maintained pursuantto this expunction on or after the first anniversary of the date the order of expunction was issued,unless the records or files were released to the Petitioner before that date pursuant to court order.

XIII.

The expunction file shall be released to Petitioner, upon request, no sooner than six monthsafter the date of this order.


XIV.

All relief prayed for not herein specifically granted is hereby denied.

SIGNED this ____ day of ____________________, 20__.

_________________________________

JUDGE PRESIDING

APPROVED AS TO FORM:

_________________________________

ATTORNEY FOR PETITIONER

_________________________________

ASSISTANT DISTRICT ATTORNEY

CERTIFICATE OF FINALITY

I, [NAME OF THE DISTRICT CLERK FOR THE COUNTY WHERE PETITION FILED],District Clerk of [COUNTY IN WHICH THIS PETITION IN FILED] County, Texas, do certify thatI have custody of the official records of the district courts of [COUNTY IN WHICH THISPETITION IN FILED] County, Texas. A search of the record in this cause reveals that no motion fornew trial, notice of appeal, or motion in arrest of judgment has been filed by any party within 30 daysafter signing of the foregoing order (next business day if the 30th day is a Saturday, Sunday, or legalholiday).


WITNESS my hand and seal of office this _____ day of ____________________, 20___.

[NAME OF DISTRICT CLERK]DISTRICT CLERK[NAME OF COUNTY] COUNTY, TEXAS

By: ____________________________Deputy

free diy texas expungement of criminal record: guide and forms

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