Order Granting Expunction


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Page 1 of 5 
 
 
CAUSE NO. ___________________ 
 
EX PARTE *        IN THE  ___________________ 
 
*        DISTRICT COURT 
 
 ___________________________  *        OF DALLAS COUNTY, TEXAS 
 
 ORDER GRANTING EXPUNCTION 
 
 1. 
 
Petitioner has the following description: 
 
Race:   
Sex:   
Date of Birth:   
Texas Driver’s License Number:   
Social Security Number:   
Address at the time of arrest:   
 
 2. 
 
The Court finds that the petitioner is entitled to expunction of the following Dallas 
County arrest(s) by the __________________ Police Department: 
 
Offense Date Arrest Date Offense Number 
______________ ________________ 
 
 
G.J. DT.: ________
_______________________  
Occ. DL. [if DWI Acquittal] 
Service No. 
Bond   
Grand Jury No. [if felony] 
_________________ 
_________________ 
_________________ 
_________________ 
_________________ 
 
 3. 
 
Respondents are: 
 
3.1 Dallas County District Attorney's Office for itself and the following county agencies: 
(X)  District Clerk; 
(  )  County Clerk; [only list if misdemeanor] 
(X)  Sheriff-ID; 
(X)  Sheriff-Bond; 
(  )  Grand Jury; [only list if felony] 
(X)  Data Services. 
 
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3.2 ____________________ Police Department 
___________________________________  
____________, Texas    
 
3.3 ____________________ [Constable &/or J.P. Court &/or Municipal Ct. only if applicable] 
___________________________________  
____________, Texas    
 
3.4 Texas Department of Public Safety 
Crime Records Division - MSC 0234 
Post Office Box 4143 
Austin, Texas  78765-4143 
 
3.5 THE TEXAS DEPARTMENT OF PUBLIC SAFETY, AND NOT THE DISTRICT 
CLERK, IS HEREBY REQUIRED TO PROVIDE “NOTICE OF THE ORDER TO 
ANY PRIVATE ENTITY THAT IS NAMED IN THE ORDER OR THAT 
PURCHASES CRIMINAL HISTORY RECORD INFORMATION FROM THE 
DEPARTMENT” IN ACCORDANCE WITH TEX. CODE CRIM. PROC. ANN. ART. 55.02, 
§ 3(c-2) (VERNON SUPP. 2007). THE NOTICE MUST INCLUDE AN 
EXPLANATION OF THE EFFECT OF THE ORDER AND A REQUEST THAT THE 
ENTITY MUST DESTROY ANY INFORMATION IN THE POSSESSION OF THE 
ENTITY THAT IS SUBJECT TO THE ORDER. 
  
 (optional): 3.5(a) PublicData.com 
   3.5(b) _____________ 
 
3.6 PETITIONER HAS REASON TO BELIEVE THAT BY INPUT INTO THE 
NATIONAL CRIME INDEX COMPUTER, THE FEDERAL BUREAU OF 
INVESTIGATION MAY HAVE STORED INFORMATION CONCERNING THE 
ARREST FOR WHICH THIS PETITION IS BEING BROUGHT.  WHILE THESE 
FEDERAL AGENCIES ARE NOT "RESPONDENTS" IN THE STATE 
PROCEEDINGS, PURSUANT TO TEXAS CODE OF CRIMINAL PROCEDURE 
ART. 55.02, SECTION 3(A), THE TEXAS DEPARTMENT OF PUBLIC SAFETY 
SHALL FORWARD THE FINAL ORDER EMANATING FROM THE STATE 
PROCEEDINGS TO THE FBI. 
 
 4. 
 
The Court finds that respondents have been served with a copy of the petition as required 
by law. 
 
 5. 
 
IT IS THEREFORE ORDERED that all records and files pertaining to the arrest be 
expunged.  Related arrests (same or similar charge, date, or arresting agency) not specifically 
listed herein are excluded from this expunction order.  However, records of such unexpunged 
arrests which would not have been generated except for the expunged arrest shall be expunged. 
Page 3 of 5 
 
 
 6. 
 
The phrase “all records and files pertaining to the arrest” includes records and files which 
were generated by respondents during this expunction proceeding, including the copies of the 
petition (and of this order) which are served on each respondent.  
 
7. 
 
In accordance with TEX. CODE CRIM. PROC. ANN. Art. 55.06, the phrase “all records and 
files pertaining to the arrest” does not include records relating to the suspension or revocation of 
a driver’s license, permit, or privilege to operate a motor vehicle except as provided in TEX. 
TRANS. CODE ANN. § 524.015 and § 724.048 (Vernon 1999). 
 
 8. 
 
8.1 Records and files pertaining to the arrest shall be expunged by turning them in to the 
clerk of this court, in a sealed envelope, by hand delivery or by mail to: 
 
District Clerk 
Attention:  Expunction Section 
Frank Crowley Courts Building 
133 North Industrial Boulevard, Second Floor 
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 included in 
this order, and which would have been generated even if the expunged arrest had not 
been made, shall be obliterated (covered with tape, liquid paper, or other opaque 
substance) 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 federal 
depository shall request such depository to return all records and files subject to the order 
of expunction. 
 
8.5 Each respondent shall attach a certificate to the sealed envelope, certifying that these are 
all the expunged records; and, if the respondent has sent information concerning the 
arrest to a central federal depository, it shall also certify that the respondent requested 
such depository to return all records and files subject to the order of expunction. 
 
8.6 Alternatively, records pertaining to this arrest may be expunged by the record keeping 
agency obliterating or destroying the records.  The agency shall then send a certificate to 
the District Clerk's Office certifying that the records have been destroyed. 
 
  
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9. 
 
No copy of this order shall be given to petitioner, nor to any respondent, nor to any other 
person, until it has become final and until the clerk has certified to its finality.  When it has 
become final, the clerk shall so certify and shall mail certified copies of it: 
 
9.1 by hand delivery to the Dallas County District Attorney's Office on behalf of itself and all 
county law enforcement agencies; 
 
9.2 by ordinary first class mail to petitioner or his attorney; and 
 
9.3 by certified mail, return receipt requested, secure electronic mail, electronic transmission, 
or facsimile transmission to all other respondents. 
 
No respondent shall comply with this order until it has been thus served. 
 
 10. 
 
If the petitioner should file a civil action arising out of his arrest which is the subject of 
this expunction, he necessarily by his own allegations makes the materials contained in the 
expunged records, as well as the contents of the expunction file, a matter of public record subject 
to discovery proceedings.  W.V. v. State, 669 S.W.2d 376, 379 (Tex. App.–Dallas 1984, writ 
ref’d n.r.e.).  If the expunction file is still in the Dallas County District Clerk’s custody, the 
person seeking discovery of its contents shall notify the Dallas County District Clerk and the 
Dallas County District Attorney’s Office.  Upon motion and order, the clerk of this court shall 
deliver the expunction file to the clerk of the civil court where said action is pending, taking his 
receipt for the same.   
 
 11. 
 
The costs which are described in Art. 102.006 of the Code of Criminal Procedure are 
assessed against petitioner. 
 
 12. 
 
The clerk of the court shall destroy all files or other records collected or maintained 
pursuant to 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. 
 
 13. 
 
The expunction file shall be released to petitioner, upon request, no sooner than six 
months after the date of this order; UNLESS the order is issued based on an acquittal under TEX. 
CODE CRIM. PROC ANN. 55.01(a)(1)(A), in which case the related records and files shall remain 
in the possession of the District Clerk as provided for in TEX. CODE CRIM. PROC. ANN. art. 55.02, 
§ 5(b) (Vernon Supp. 2008). 
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 14. 
 
All relief prayed for not herein specifically granted is hereby denied. 
 
SIGNED this _____ day of _____________________,  200__. 
 
 
___________________________________ 
JUDGE 
 
APPROVED AS TO FORM: 
 
 
 
________________________________ [Please sign before submitting proposed order] 
ATTORNEY FOR PETITIONER 
 
 
 
________________________________ 
ASSISTANT DISTRICT ATTORNEY 
 
 
CERTIFICATE OF FINALITY 
 
I, Felicia Pitre, District Clerk of Dallas County, Texas, do certify that I have custody of 
the official records of the district courts of Dallas County, Texas.  A search of the record in this 
cause reveals that no motion for new trial, notice of appeal, or motion in arrest of judgment has 
been filed by any party within 30 days after the signing of the foregoing order (next business day 
if the 30th day is a Saturday, Sunday, or legal holiday). 
 
 WITNESS my hand and seal of office this ____________ day of 
____________________, 200__. 
 
FELICIA PITRE 
DISTRICT CLERK 
DALLAS COUNTY, TEXAS 
 
 
By:  
 _________________________________ 
Deputy