Sample Petition for Expunction

Petitions for Expunction clean up a person’s criminal record. Essentially they are orders to various law enforcement officials to delete any and all records associated with specific arrests. They are only available under certain circumstances and are often hard to succeed at. They have very specific notice requirements which must be followed to the letter.

NO. ______________

STATE OF TEXAS

§

IN THE DISTRICT COURT

 

§

 

vs.

§

§

________ JUDICIAL DISTRICT

 

§

 

JANE DOE

§

TRAVIS COUNTY, TEXAS

PETITION FOR EXPUNCTION

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes Jane Doe, Petitioner, and moves the Court to order expunction of all criminal records and files pertaining to the arrests of Petitioner described below, and would respectfully show as follows:

1.         The following information regarding Petitioner is included pursuant to Section 2(b) of Article 55.02, Texas Code of Criminal Procedure:

NAME:  Jane Doe

SEX:  Female

RACE:  Black

DATE OF BIRTH:  ______

DRIVER’S LICENSE NO., STATE:  ________, Texas

SOCIAL SECURITY NO.:  ________

ADDRESS AT TIME OF ARREST:

_______________

____________

2.         Jane Doe was charged the following offense, regarding which the following information is provided in accordance with said Section 2(b) of said Article 55.02:

ALLEGED OFFENSE:  __________

DATE OF ALLEGED OFFENSE:  __________-

DATE OF ARREST:  ______________

COUNTY WHERE ARRESTED:  __________

MUNICIPALITY WHERE ARREST OCCURRED:  __________

ARRESTING AGENCY:  __________

CASE NUMBER:  __________

COURT:  __________

3.         Petitioner is entitled to an expunction of all records and files relating to said alleged offense of Theft by Check under Article 55.01(a)(2) of the Texas Code of Criminal Procedure, because an indictment or information was presented, but the same was subsequently dismissed or quashed on __________, because restitution had been paid and it was in the interest of justice, thereby indicating a lack of probable cause at the time of the dismissal.  Petitioner further states that she has been released, that the charge has not resulted in a final conviction and is no longer pending, and that there was no court-ordered community supervision under Article 42.12 of the Texas Code of Criminal Procedure .

4.         Jane Doe was charged the following offense, regarding which the following information is provided in accordance with said Section 2(b) of said Article 55.02:

ALLEGED OFFENSE:  __________

DATE OF ALLEGED OFFENSE:  __________

DATE OF ARREST:  __________

COUNTY WHERE ARRESTED:  __________

MUNICIPALITY WHERE ARREST OCCURRED:  __________

ARRESTING AGENCY:  __________

CASE NUMBER:  __________

COURT:  __________

5.         Petitioner is entitled to an expunction of all records and files relating to said alleged offense of Assault with Bodily Injury under Article 55.01(a)(2) of the Texas Code of Criminal Procedure, because an indictment or information was presented, but the same was subsequently dismissed or quashed on __________, because Petitioner had completed a class and it was in the interest of justice, thereby indicating a lack of probable cause at the time of the dismissal.  Petitioner further states that she has been released, that the charge has not resulted in a final conviction and is no longer pending, and that there was no court-ordered community supervision under Article 42.12 of the Texas Code of Criminal Procedure.

6.         Petitioner has not been convicted of a felony in the five years preceding the date of the earliest arrest described hereinabove.

7.         Petitioner has reason to believe that the following law enforcement agencies, jails or other detention facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central state depositories of criminal records, central federal depositories of criminal records, other officials, agencies, entities, and political subdivisions of this state, or private entities that compile and disseminate criminal history record information for compensation, may have records or files pertaining to Petitioner in connection with the arrests and/or alleged offenses described above, and which are subject to expunction:

Austin Police Department

P.O. Box 1088

Austin, Texas 78767

Travis County Clerk

1000 Guadalupe, #222

Austin, Texas 78701

Texas Crime Information

5805 North Lamar

Austin, Texas 78751

Texas Department of Public Safety

Attention: Crime Records Division

PO Box 4087

Austin, Texas 78701

Texas Department of Public Safety

Attention: Identification in Criminal Records

Crime Records Service/ Attention: Expunctions

PO Box 4143

Austin, Texas 78765-4143

Federal Bureau of Investigation

J. Edgar Hoover Building

935 Pennsylvania Ave, N.W.

Washington, D.C. 20535-0001

Travis County Adult Probation

411 W. 13TH Street, #400

Austin, Texas 78701

Travis County Sheriff’s Department

5555 Airport Blvd

Austin, Texas 78751

Travis County Jail

509 W. 11TH Street

Austin, Texas 78701

Travis County Attorney

P.O. Box 1748

Austin, Texas 78767

            WHEREFORE, PREMISES CONSIDERED, Petitioner prays that the Court set this matter for a hearing, and after notice to each of the above agencies, the above-described records be expunged as provided by Chapter 55 of the Texas Code of Criminal Procedure.

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