Petition for Expunction


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 NO.____________________ 
 
EX PARTE  *       IN THE ___________________ 
 
*        DISTRICT COURT _________          
 
______________________ *        OF DALLAS COUNTY, TEXAS 
PETITIONER (Print full name) 
 
 
 PETITION FOR EXPUNCTION1 
 
TO THE HONORABLE JUDGE OF SAID COURT: 
 
 
 COMES NOW ____________________________, Petitioner, and says: 
     (Print full name) 
 
1. Required Identifying Information 
 
 Petitioner has the following description: 
 
Race:  ____________________________ 
Sex:   ____________________________ 
Date of Birth: ____________________________ 
Driver’s License Number:  ____________________________ 
Social Security Number: ____________________________ 
Address at Time of Arrest:  __________________________________________ 
Current Mailing Address: __________________________________________ 
 
                     
1 This form is provided for the convenience of the public and is not intended as a substitute for 
independent legal analysis by an attorney.  Persons are strongly encouraged to consult an 
attorney with any questions regarding their eligibility for relief under Tex. Code Crim. Proc. 
Ann. art. 55.01.   
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2. Required Offense and Arrest Information 
 
 Petitioner can establish his/her eligibility for expunction under Tex. Code Crim. Proc. Ann. 
art. 55.01 for the following arrests:   
 
Offense:   ____________________________ 
Offense Date:  ____________________________ 
Arrest Date:  ____________________________ 
Case Number : ____________________________ 
Service Number: ____________________________ 
Grand Jury Number: ____________________________ 
Grand Jury Date: ____________________________ 
Arresting Agency: ____________________________ 
Filing Agency:  ____________________________ 
City and County of Arrest:   __________________________ 
DPS Tracking Number (TRN): ____________________________ 
 
 
Offense:   ____________________________ 
Offense Date:  ____________________________ 
Arrest Date:  ____________________________ 
Case Number : ____________________________ 
Service Number: ____________________________ 
Grand Jury Number: ____________________________ 
Grand Jury Date: ____________________________ 
Arresting Agency: ____________________________ 
Filing Agency:  ____________________________ 
City and County of Arrest:   __________________________ 
DPS Tracking Number (TRN): ____________________________ 
 
 
 
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3. Legal Grounds for Expunction2   
 
 Petitioner is eligible for expunction of his/her criminal arrest and can establish the 
eligibility requirements contained in subsection “A,” “B,” or “C” as provided below:  
 
3.1 Acquittal, Pardon, or Actual Innocence Exoneration 
a. [___] The Petitioner was charged by indictment, information, or complaint and 
thereafter ACQUITTED by the trial court, Court of Appeals, or Court of Criminal 
Appeals, AND the Petitioner is not subject to prosecution for or was not convicted of 
another offense arising out of the same criminal episode as defiled by Penal Code 
3.01; or 
b. [___] The Petitioner was convicted and subsequently PARDONED by the Governor; 
or 
c. [___] The Petitioner was convicted and subsequently PARDONED or granted relief 
based on a court finding of ACTUAL INNOCENCE. 
 
3.2 No charges have been filed 
a.  [___] The Petitioner was arrested/cited for a Class C misdemeanor offense, at least 
180 days has elapsed since the date of arrest, and the Petitioner has not been charged 
with a felony as a result of the same transaction; or 
b. [___] The Petitioner was arrested for a Class B misdemeanor offense, at least one 
year has elapsed since the date of arrest, and the Petitioner has not been charged with 
a felony as a result of the same transaction; or 
c. [___] The Petitioner was arrested for a Felony offense and at least three years have 
elapsed since the date of arrest; or 
d. [___] The Attorney representing the State certifies that the applicable records and 
files are not needed for use in any criminal investigation or prosecution, including an 
investigation or prosecution of another person; or 
e. [___] Prosecution of the person for the offense is barred by Statute of Limitations. 
 
 
2 An arrest resulting in CONVICTION, or resulting in DEFERRED ADJUDICATION COMMUNITY 
SUPERVISION (PROBATION) for an offense other than a Class C misdemeanor IS  NOT ELIGIBLE 
FOR EXPUNCTION. 
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3.3 Charges filed and indictment, information, or citation dismissed or quashed   
a. The Petitioner has been released and the charge, if any, has not resulted in a 
final conviction and is no longer pending and there was not court-ordered community 
supervision under Article 42.12 for the offense, unless the offense is a Class C 
misdemeanor, the charges were dismissed or quashed, AND 
i. [___] The indictment or information was dismissed BECAUSE the 
Petitioner completed a pretrial intervention program authorized under 
Section 76.011; or 
ii. [___] The indictment or information was dismissed or quashed BECAUSE 
the presentment had been made because of mistake, false information, or 
other similar reason indicating absence of probable cause at the time of 
the dismissal to believe the person committed the offense; or 
iii. [___] The indictment or information was dismissed or quashed BECAUSE 
the indictment or information was VOID; or 
iv. [___] Prosecution of the person for the offense is barred by Statute of 
Limitations. 
v. [___] the offense for which the Petitioner was arrested/cited is a Class C 
misdemeanor filed in a justice or municipal court, the citation was not issued 
for a violation under Tex. Alch. Beverage Code § 106., and the Petitioner 
received and successfully competed deferred adjudication community 
supervision under Tex. Code Crim. Proc. Ann. art. 45.051(a)(e).  
4. Respondents - State governmental agencies and entities 
 
The following law enforcement agencies and other governmental entities of this State with 
information related to above identified arrest(s) include the following named Respondents:  
 
4.1 Dallas County District Attorney's Office for itself and the following county agencies: 
(X)  District Clerk 
(X)  County Clerk 
(   ) Grand Jury (if offense charged is a felony) 
(X)  Sheriff-ID 
(X)  Sheriff-Bond 
(X)  Community Supervision & Corrections 
  
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4.2 Arresting Agency:   ________________________________________ 
(police department, sheriff’s department, or constable’s office) 
Mailing Address: ________________________________________ 
    ________________________________________ 
  
4.3 Filing Agency:   _______________________________________ 
Mailing Address: ________________________________________ 
  ________________________________________ 
 
4.4 Court:     ________________________________________ 
(district court, county court, municipal court, or J.P court) 
Mailing Address: ________________________________________ 
  ________________________________________ 
 
4.5 _____________: ________________________________________ 
(other State agency) 
Mailing Address: ________________________________________ 
  ________________________________________ 
 
4.6 Texas Department of Public Safety 
Crime Records Division – MSC 0234 
Post Office Box 4143 
Austin, Texas 78765-4143 
 
4.7 Texas Department of Criminal Justice – CJAD 
Lee Downing, CSTS Administrator 
209 W. 14th, Suite 400 
Austin, Texas 78701 
 
 
5. Private entities and out of agencies with criminal history record information subject to 
notification by the Texas Department of Public Safety of order granting expunction 
include: 
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5.1 Any entity that purchases criminal history record information from the DPS in 
accordance with Tex. Code Crim. Proc. Ann. § 3(c-2); 
5.2 PublicData.com; 
5.3 criminalhisotryrecord.com 
5.4 _______________________ 
6. Prayer 
 
 Petitioner therefore prays that: 
(1) this case be set for hearing at the earliest practical time after 30 days from the date of 
filing of this petition; 
(2) the clerk deliver, by certified mail, copies of this petition and of the order setting hearing 
date to Respondents; and 
(3) at the hearing, expunction be granted. 
 
Respectfully submitted, 
                                                                      
  Name:  _____________________________ 
  Address: _____________________________ 
                  _____________________________ 
  Telephone: ____________________________ 
 
  
VERIFICATION  (Signed Before a Notary Public) 
 
I hereby swear that the facts alleged herein are true and correct to the best of my knowledge. 
 
____________________________________ 
 
SUBSCRIBED TO AND SWORN BEFORE ME on the _________ day of _________, 
20______. 
 
                                  
NOTARY PUBLIC in and for 
_____________County, Texas 
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ORDER SETTING HEARING DATE 
 
This case will be heard on _______________________, 20___, at ____________ o’clock 
__.m. 
 
SIGNED this_________ day of ______________________, 20__. 
 
 
 
_________________________________ 
JUDGE