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 |
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IN THE DISTRICT COURT |
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________ JUDICIAL DISTRICT |
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| JANE DOE |
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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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