Fill and Sign the Texas Expungement Form

***These for m s ar e not a substitute for legal advice*** \\Chdata\L a w Library\Criminal\Exp u n ction.doc 1 Revised 10 / 17 / 0 8***These forms are not a substitute for legal advice.*** PROCEDURES FOR EXPUNCTION This form packet co n tains these s te p s to follo w : 1. Texas Code of Cri m inal Procedure infor m ation 2. Petition for Expunction of Records 3. Petitioner’s Supporting Affidavit 4. Fiat 5. Certificate of Service 6. Order for Expunction Steps to Follo w : 1. Read the Texas Code of Criminal Procedure inform a t ion very carefully before you begin. This provides i m portant info r m a tion about the expunction process. Infor m ation on the Deferred Adjudication Non d isclosure Procedures are also attached. 2. Prepare the Petition for Expunction of Records . If the form provided fits your set of circu m stances you m a y use it as a “fill in the b l ank.” If these for m s do not fit your circu m stances, you m ay re-type or re-write the for m s, changing them to fit your circu m stan c es. W hen preparing the s e f or m s, YOU are the " P etition e r." You will n e ed to know the case nu m ber f r om your original court case. It is perfectly all right to hand- write t h e fo r ms. 3. When preparing these forms, y o u will be re q uired to list the na m es and address e s of each official, agency, or other e n tities that there is reason to b elie v e possess rec o rds concer n i ng the arrest. T his will be E xhibit A. The following is a listi n g of such agencies. * * Not e : The following list is not intended to be a co m plete listing of all possible agencies, officials, or other public entities of this state that m a y have rec o rds concer n i n g the arr es t . You are e x pected to add to and change this list to make it fit your circu m stances . **• Police depart m ent • Sheriff’s depart m ent • Jail or other detention facility • County or district attorney’s office • Justice of t h e Peace • Texas Depart m ent of Public Safety (Cri m e Records Division, 512-424- 2000) • County Personal Bond Office • Any central state depository of records that m i ght have infor m ation concer n i ng the arrest •Any central federal depository of r ecords that m i ght have in f or m ation concer n i ng the arrest • Clerk of the District Court in which the Petition for Expunction is being f iled • Federal Bureau of Investigation The f ollowing is an ex a mple of some of the agencies that m i ght need to be notified concer n ing an ar r est th a t occu r red in Collin Co u nty. Not all will ap p l y to every c a se: McKinney Police Chief 2200 Taylor-Burk Drive McKinney, TX 75071-6651 Collin Cou n ty Sheri f f 4300 Community Avenue McKinney, TX 75071 Jail Ad m i nistr a tor Collin Cou n ty Jail 4300 Community Avenue McKinney, TX 75071 Collin Cou n ty Dist r i c t Attor n ey 2100 Bloomdale, Suite 20004 McKinney, TX 75071 Collin Cou n ty Dist r i c t Clerk 2100 Bloomdale, Suite 10353 McKinney, TX 75071 Texas Depart m ent of Public Safety Cri m e Records Divi s ion P.O. Box 4087 Austin, TX 78773-0001 Supervisor US Probation-Pretrial Office Texas-Eastern District 200 N. Travis, Suite 100 Sher m an, TX 75090 Federal Bureau of Investigation Record Infor m ation/Disse m ination Section 170 Marcel Drive W i nchester, VA 22602-4843 4. Sign the Jurat (Affidavit) in fr o nt of a Not a ry Public. DO NOT sign the Affidavit UNTIL you are in front of the notary. 5. Make a d ditional copies of the Petition and Jurat to t a ke w ith you when you file. You m ust bring one copy for EACH official, agency, or other entity that you have listed in your Petition (Exhibit A) t h at there is reason to believe possesses records concerning the a r re s t . You will al s o need to b r ing one copy for the court to kee p , one copy for the District Att o rney’s offic e , and one copy for yoursel f . 6. File all copies of the Petition and Jurat with the District Cler k ’ s Office of the c o unty in which your original case was heard/in whi c h the original arrest was m a de. If this is Collin Cou n ty, f ile t h ese in the Di s t ri ct Cler k ’s O ff ice on the f irst f loor of the cou r th o use located at 2 1 00 Bloo m dale Drive in McKinney. You will be requi r ed to p ay a f iling fe e to the Clerk at this ti m e. 7. Give the Clerk the Fiat form at this time. T he Clerk will arr a nge to have a hearing date set for you. 8. The Clerk w ill arra n ge to send a copy of the Peti t i on, J urat, and Fiat to each o f the entities that you have li s ted in your Peti t i o n. The Clerk will keep one copy to re m ain in t h e court’s file. The Clerk will g iv e y o u back one copy to keep for yourself. 9. You must send a FILED copy of the Petit i o n and Fiat to the Dist ri ct Attorne y ’s offi c e of the county in w hich your original case was heard. Mail the Petition and Fiat to the District Attorney via certified m a il, return receipt requested. If your original case was heard in Collin County, m ail it to the following address: Collin Cou n ty Dist r i c t Attor n ey’s O ff i ce Attn: Expunction/Nondisclosure 2100 Bloomdale Drive McKinney, TX 75071 10. Now complete the Certificate of Service form. Once you have received the co m pleted return r ec e ipt f r om the postal s er v ice, att a ch it to the co m pleted Certi f ic a t e of Service f o r m and f ile t h is with t h e District Cl er k’s O ff ice. 11. Prepare the Order for Expunction prior to the heari n g. 12. Make additional copies of the Order of E xpunction to take w i th you to the hearing. You m ust bring one copy for EACH of f i cial, a g en c y, or other e ntity that y o u have listed in your Petition that there is reason to believe possesses records concerning the a r re s t . You will al s o need to b r ing one copy for the court to kee p , one copy for the District Att o rney’s offic e , and one copy for yoursel f . Also bring a copy of the filed Petition for Expunction with you to the hearing. 13. At the hearing, the f ollowing is recom m ended to properly address the court: “Good m orning, Your Honor. My na m e is . I am here today to request expunction of a record.” Then briefly summarize each paragraph of your Petition and present the O rder to the judge to be signed. This page intenti o nal l y l eft blank. Tex. Code Crim. Proc. art. 55.01 (2005) Art. 55.01. Right to Expunction (a) A person who has been placed under a custodial or noncustodial arrest for com m ission of either a felony or m isde m eanor is entitled to h ave all rec o rds and files rel a ting to t h e arrest expunged if: (1) the person is tried for the offense for which the person was arrested and is: (A) acquitted by the trial court, except as provided by Subsection (c) of this section; or (B) convicted and subsequently pardoned; or (2) each of the following conditions exist: (A) an indict m ent or info r m ation charging the person with com m ission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indict m ent or infor m ation charging the person with com m i ssion of a felony was presented, the indict m ent or infor m ation has been dis m issed or quashed, and: (i) the limitations period expired bef o re the date on which a petition for expunction was filed under Article 55.02; or (ii) the court finds that the indict m ent or infor m ation was dis m issed or quashed because the present m ent had been made because of m i stake, false infor m a tion, or other si m ilar reason indicating absence of probable cause at the ti m e of the dis m issal to b elie v e the person c o m m itted t h e o ff ense or because it w as void; (B) the person has been released and t h e charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision under Article 42.12 for any offen s e other than a Class C m i s de m eanor; and (C) the person has not been convicted of a felony in the five years prece d ing the date of the arrest. (a-1) Notwithstanding Subsection (a)(2)(C), a person ' s conviction of a felony in the five years prece d ing the d a te of the arr e st does not affect t h e pers o n ' s entitle m ent to expunction f or purposes of an ex parte petition filed on behalf of the person by the director of the Depart m ent of Public Safety under Section 2(e), Article 55.02. (b) Except as provided by Subsection (c) of this section, a district court m ay expunge all recor d s a nd f iles r e lating to t h e a r rest of a person who has been arrested for com m ission of a felony or m i sd e m e a nor under the proce d ure established under Article 55.02 of this code if the person is: (1) tried f or the offense for which the person w as arrested; (2) convicted of the offense; and (3) acquitted by the court of cri m inal appeals. (c) A court m ay not order the expunction of re c ords and f il e s rel a ting to an ar r est f or an offense for which a person is subseque n tly acquitted, whether by the trial court or the court of cri m inal appeals, if the offense for which the person was acquitted arose out of a cri m inal episode, as defined by Section 3.01, Penal Cod e , and the person was convicted of or re m ains subject to prosecution for at l e ast one other offense occurring during the cri m inal episode. (d) A person is entitled to have any infor m ation that identifies the person, including the person ' s na m e, address, date of birth, driver ' s license nu m ber, and social security number, contai n ed in records and f iles r e lati n g to the arrest of another person expunged if: (1) the infor m ation identifying the person asserting the entitle m ent to expunction was falsely given by the person arrested as the arrested person ' s identifying info r m ation without the consent of the per s on asserting the entitle m ent; and (2) the only reason for the infor m ation identifying the person ass e rting the entitlement being contained in the arrest records and files of the person ar rested is that the infor m ation was falsely given by the person arre s ted as the arrested p ers o n ' s identifying infor m ation. Tex. Code Crim. Proc. art. 55.02 (2005) Art. 55.02. Procedure for Expunction Sec. 1. At the request of the defendant and after notice to the state, the trial co u rt presi d ing o v er the case in which the defendant was acquitted, if the t r ial c ourt is a di st ri c t court, or a district court in the county in which the trial court is l o cated shall enter an order of expunction for a person entitled to expunction under article 55.01(a)(1)(a) not later than the 30th day after t h e date of the acquittal. Upon a c quittal, the tri a l court shall advise the defendant of the right to expunction. T he defendant shall provide to the district court all of the infor m ation required in a petition f or expunction under Section 2(b). The att o rney for the defendant in t h e ca s e in which the defendant was acquitted, if the defendant was represented by counsel, or the attorney for the state, if the defendant was not represented by counsel, shall prepa r e the order for the court ' s signature. Sec. 2. (a) A person who is entitled to expunction of records and files under Article 55.01(a) or a person who is eligible for expunction of records and files under Article 55.01(b) m a y file an ex parte petition for expunction in a district court for the county in which: (1) the p etitio n er was a rre s t ed; o r (2) the offense was alleged to have occurred. (b) The petition m ust be veri f ied a nd shall include the f oll o wing or an explanation for why one or more of the following is not included: (1) the p etitio n er ' s: (A) f ull n a m e; (B) sex; (C) ra c e; (D) date of birth; (E) driver ' s license number; (F) social security n u mber; and (G) address at the time of the arrest; (2) the offense charged against the petitioner; (3) the date the offense charged aga i nst the petitioner was alleged to have been com m itted; (4) the d ate the p e titi o ner was a r r e sted; (5) the na m e of the county where the pet i tioner was arrested and if the arrest occurred in a m unicipality, the n a m e of the municipality; (6) the na m e of the agency th a t a rr ested the petitio n er; (7) the case nu m ber and court of offense; and (8) a li s t o f all law enforce m ent agencies, jails or other detention facilities, m agistrates, courts, prosecuting attorneys, correctional facilities, central state depositories of cri m inal records, and other officials or a g encies or o t her entities of t h is st a t e or of any political subdivision of this state and of all central federal depositories of cri m inal records that the petitioner has reason to believe have records or files that are sub j ect to expunction and private entities that co m p ile and disse m i nate for co m pensation cri m inal hi s t ory record infor m ation that the petition has reason to bel i eve have infor m ation related to records or files that are subject to expunction. (c) The court shall set a hearing on the m atter no sooner t h an thirty days from the filing of the petition and shall g i ve to each o fficial or a g ency or other entity na m ed in the petition reasonable noti c e of the hearing by: (1) c e rti f ied m ail, ret u rn re c eipt r e queste d ; or (2) secure electronic m ail, electronic trans m ission, or facsi m ile trans m ission. (c-1) An e ntity d esc r i b ed by Subsection (c) m ay be rep r es e nted by the att o rney responsible for providing the entity with legal representation in other m atters. (d) If the court finds that the petitioner, or a person for whom an ex parte petition is filed under Subsection (e), is entitled to expunction of any r e cords and files that are the subject of the petition, it shall enter an order directing expunction. (e) The director of the Depart m ent of Public Safety or the director ' s authorized representative m ay file on behalf of a person described by S u bsection (a) of this se c ti o n or by Section 2a an ex parte petition for expun c tion in a district court for the county in which: (1) the person was arrested; or (2) the offense was alleged to have occurred. (f) An ex parte petition filed under Subsection (e) m ust be verified and must include the f ollowi n g or an explanation for why one or more of the following is not included: (1) the person ' s: (A) f ull n a m e; (B) sex; (C) ra c e; (D) date of birth; (E) driver ' s license number; (F) social security n u mber; and (G) address at the time of the arrest; (2) the offense charged against the person; (3) the date the offense charged against the person was alleged to have been com m itted; (4) the date the person was arrested; (5) the na m e of the county where the per s on w as arrested and if t h e arrest occurred in a municipality, the na m e of the m unicipality; (6) the na m e of the agency that arrested the person; (7) the case nu m ber and court of offense; and (8) a li s t o f all law enforce m ent agencies, jails or other detention facilities, m agistrates, courts, prosecuting attorneys, correctional facilities, central state depositories of cri m inal records, and other officials or a g encies or o t her entities of t h is st a t e or of any political subdivision of this state and of all central federal depositories of cri m inal records that the person has reason to believe have records or files that are subject to expunction and private entities that co m p ile and disse m i nate for co m pensation cri m inal hi s t ory record infor m ation that the petitioner has reason to believe have infor m ation related to records or files that are subject to expunction. Sec. 2a. (a) A person who is entitled to expunction of infor m ation contained in records and files under Article 55.01(d) m ay file an application for expunction with the attorney repre s enting the state in the prosecution of felonies in t h e county in which the person resides. (b) The application m ust be verified, i n clu d e authenticated fingerpri n t records of t h e appli c ant, a n d include t h e f ollowing or an explanation for why one or m o re of the following is not included: (1) the a p plica n t ' s full na m e, sex, race, date of birth, d r iver ' s license n u mber, social security number, and address at the ti m e the person who falsely identified hi m self or herself as t h e applicant was arre s te d ; (2) the following infor m ation regarding the arrest: (A) the date of arrest; (B) the offense charged against the person arrested; (C) the na m e of the county or m unicip a lity in which the ar rest o c cu r r e d; and (D) the na m e of the arresting age n cy; and (3) a s t ate m ent that: (A) the a p plica n t is n o t the person arrested and for whom the arrest rec o rds and files were created; and (B) the applicant did not give the person arre s t ed consent to falsely i d entify hi m self or herself as t h e applicant. (c) After verifying the allegations in an application received under Subsection (a), the att o rney re p resenting t h e state shall: (1) include on the application infor m ation r e garding the arrest that was requested of the applicant but was unknown by the applicant; (2) forward a copy of the applicat i on to the district court for the county; (3) attach to the copy a list of all law enforcement agencies, jails or other detention facilities, m agistrates, courts, prosecuting a ttor ne ys, corr e cti o nal f acilitie s , central s t ate depositories of cri m inal records, and other officials or age n cies or other entities of this state or of any political subdivision of this state; and of all c e ntral federal depositories of cri m inal records that are reasonably likely to have records or files containing infor m ation that is subject to expunction; and p r ivate e n tities that co m pile and disse m inate f or co m pensation cri m inal history record infor m ation that are reasonably likely to have records or files containing infor m ation that is subject to expunction; and (4) request the court to enter an order directing expunction based on an entitle m ent to expunction under Article 55.01(d). (d) On receipt of a request under S ubsec t ion (c), the court shall, without holding a hearing on the m atter, enter a final order dir e cting expunction. Sec. 3. (a) In an order of expunction issued under this arti c le, the court shall require any state agency that s ent in f or m ation concerning the arre s t to a c entr a l federal depository to request the depository to return all records and files subject to the order of expunction. The person who is the subject of the expunction order or an agency pr ot esting the expunction m ay appeal the court ' s decision in t h e sa m e m anner as in other civil cases. (b) The order of expunction entered by the court shall have attac h ed and incorporate by reference a copy of the judg m ent of acquittal and shall include: (1) the following infor m ation on the per s on who is the subject of the expunction order: (A) f ull n a m e; (B) sex; (C) ra c e; (D) date of birth; (E) driver ' s license number; and (F) social security n u mber; (2) the offense charged against the per s on who is the subject of the expunction order; (3) the date the person who is the subject of the expunct i on order was arrested; (4) the case nu m ber and court of offense; and (5) the tracking incident nu m ber (TRN) a ssigned to the individual incident of arrest under Article 60.07(b)(1) by the Depart m ent of Public Safety. (c) W hen the order of expunction is fin a l, the clerk of the c ourt shall send a certified copy of the order to the Cri m e Records Service of the Depart m ent of Public Safety and to each official or agency o r other govern m ental e n tity of this state or of any political subdivision of this state design a ted by the person who is the subject of the order. The certified copy of the order m ust be sent by secure electronic mail, electro n ic trans m ission or f acsi m ile trans m ission or otherwi s e by ce r ti f i e d m ail, r e tu r n rec e ipt r e q uested. In sending the order to a govern m ental entity designated by the person, the clerk m ay elect to substitute hand delivery f o r certified m ail under this subsection, but the clerk m ust receive a receipt for that hand-delivered order. (c-1) The Depart m ent of Public Safety shall notify any central federal depository of cri m inal records by any m eans, including secu r e ele c tronic mail, e l e c tro n ic trans m ission or f acsi m ile trans m issio n , of the order with an explanation of the effect of the order a n d a request that the depository, as appr o priate, either: (1) destroy or ret u rn to the court the rec o rds in possession of the depository that are subject to the order, including any info r m ation with r e spect to the order; or (2) co m ply with Section 5(f) of this a r ti c le p er t ai n i ng to i n fo r m ation contained in records and files of a person entitled to expunction under Article 55.01(d). (c-1) The Depart m ent of Public Safety shall also provide, by secure electronic m ail, electronic trans m ission, or facsi m ile trans m issio n , notice of the order to any private entity that is na m ed in the order or that purchases cri m inal history record infor m ation from the depart m ent. The notice must include an exp l a n ation of the effect of the order and a request that the entity destroy any infor m at i on in the possession of the entity that is subject to the order. The depart m ent m ay c h arge to a private entity that p urchases cri m inal history record info r m ation from the depart m ent a fee in an a m ount sufficient to recover costs incurred by the depart m ent in providing notice under t h is subsection to the entity. (d) Any returned receipts received by the clerk from noti c es of the hearing and copies of the order shall b e m aintained in t h e file on the procee d ings under t h is chapter. Sec. 4. (a) If the state establishes that the person who is the subject of an expunction order is still subject to conv i ction for an offense arising out of the transaction for which the person w as arrested b ecause the statute of li m i tations has n ot run and t h ere is reasona b l e cause to believe that the st ate m ay proceed against the person f or the offense, the court m a y provide in its order that the law en f orce m ent agency and the prosecuting attorney responsible for inves t igating the offense m ay retain any records and files that are necessary to the investigation. In the case of a person who is the subject of an expunction order on the basis of an acquittal, the court m ay provide in the expunction order that the law enforce m ent agency and the pr o secuting att o rney r e tain r ecords and f iles i f : (1) the records and files are necessary to conduct a subsequent investigation and prosecution of a person other than the person who is the subject of the expunction order; or (2) the st a te e s tablish e s that the records and files are neces s ary for use in: (A) another cri m inal case, inc l uding a prosecution, m otion to adjudicate or revoke community supervision, parole revocation hearing, m andatory supervision revocation hearing, punish m ent hearing, or bond hearing; or (B) a ci v il case, i n cluding a civil s u it or s u it for possession o f or access to a child. (b) Unless the person who is the subject of the expunction order is again arrested for or charged with an offense arising out of the tran sa ction for which the p ers o n was arre st ed or unless the court provides for the retention of records and f iles under S ubsection (a) of this section, the pro v isions of Articles 55.03 and 55.04 of this code apply to files and records retained under this section. Sec. 5. (a) Except as provided by Subsections (f) and (g), on receipt of the order, each official or agency or other govern m ental entity na m ed in the order shall: (1) return all r ecords and files that are subject to the expunction o r der to the court or, if re m oval is impracti c able, obliter a te all p o rtio n s of the record or f ile th a t identi f y the person who is the subject of the order and notify the court of its action; and (2) delete f r om its public recor d s a ll in d ex references to the rec o rds and f iles th a t a r e subject to the expunction order. (b) Except in the case of a person who is the subject of an expunction order on the basis of an acquittal or an expunction order based on an entitle m ent under Article 55.01(d), the court m ay give the person who is the subject of the o r der all records and f iles r e turn e d to it p u rs u ant to its o r d er. (c) Except in the case of a person who is the subject of an expunction order based on an entitle m ent under Article 55.01(d) and exce p t as provided by Subsection (g), if an order of expunction is issued under this a r ticle, the court records concerning expunction procee d ings are not o p en for inspection by anyone except the person who is the su b j ect of the order unless the order per m its retention of a record under S ection 4 of this article and the person is again arrested for or charged with an offense a r ising out of the transaction for which the person was arrested o r unless the court provides for the retention of records and files under Section 4(a) of this article. The clerk of the c o urt i s suing the order shall obliterate all public references to t h e procee d ing and m aintain the files o r other records in an area not open to inspection. (d) Except in the case of a person who is the subject of an expunction order on the basis of an acquittal or an expunction order based on an entitle m ent under Article 55.01(d) and except as provided by subsection (g), the clerk of the court shall destroy all the f iles o r other records m aintained under Subsection (c) not earlier than the 60th day after the date the order of expunction is issued or lat e r than t h e f i rst an n i v ersary of t ha t date unless the records o r f iles were rel e ased under Subsection (b). (d-1) Not later than the 30th day before the date on which the clerk destroys files or other records under Subsection ( d ), the clerk shall provide notice by m ail, electronic mail, or facsi m ile trans m ission to the attorney representing the state in the expunction procee d ing. If the attor n ey representing the state in the expu n ction p r oceeding objects to the destruction not later than the 20th day after receiving notice und e r this subsection, the clerk m ay not destroy the files or ot her r e cords until the f i r s t anniv e rs ar y of the date the order of expunction is issued or the f i rst business day after that date. (e) The clerk shall certify to the c o urt t h e des t ruction of files or other records under Subsection (d) of this section. (f) On receipt of an order granting expunction to a person entitled to expunction under Article 55.01(d), each official, agency, or other govern m ental entity na m e d in the order: (1) shall: (A) obliterate all portions of the record or f ile that ide n ti f y the petitioner; and (B) substitute for all obli t erated portions of the record o r file any available infor m ation that identifies the person arre s t e d ; a n d (2) m ay not r e turn t h e record o r f ile or delete index refer e n ces to the record or f ile. (g) Notwithstanding any other provision in this section, an official, agency, court, or other e n tity m ay retain recei p ts, inv o ices, vouc he rs, or si m ilar records of financial transactions that arose from the expunction proceeding or prosecution of the underlying cri m inal ca u se in accor d ance with i n ternal financial control procedures. An official, agency, cou r t, or ot h er e n tity that retains recor d s u nder t h is su b section shall obliter a te al l portions of the record or t h e f ile that identi f y the p er s on who is the subject of the expunction order. Tex. Code Crim. Proc. art. 55.03 (2005) Art. 55.03. Effect of Expunction W hen the order of expunction is final: (1) the release, m aintenance, disse m ination, or use of the expunged records and files for any purpose is prohibited; (2) except as provided in Subdivision (3) of this article, the person arrested m ay deny the occurrence of the arrest and the existence of the expunction order; and (3) the p erson arr e sted or any other person, when questioned under oath in a cri m inal procee d ing about an arrest for which the r e cor d s have been expunged, m ay state only that the m atter in question has been expunged. Tex. Code Crim. Proc. art. 55.04 (2005) Art 55.04. Violation of Expunction Order Sec. 1. A person who acquires knowledge of an arrest while an officer or e m ployee of the state or of any agency or other e ntity of the s t ate o r any political subdivision of the state and who knows of an ord e r expunging the records and f il e s relating to that arrest com m its an offense if he kno w ingly releases, disse m inates, or otherwise u ses the rec o rds or f iles. Sec. 2. A person who knowingly fails to return or to oblit er ate i d entifying portions of a record o r file ordered expunged under this chapter com m its an offense. Sec. 3. An offense under this a r ti c le is a Class B m i sde m eanor. FAQs – De fe rred Adjud i cation Nondisclosure P rocedur e s C a v e a t T h es e a n s w e rs a re p r o v i d e d a s a p u b li c se r v i c e an d re p r ese n t t h e D ist r ic t A tt o r n ey' s g ood faith un d erst a nd i ng o f t h e Texas n o n -di s cl o s u re statut e . T h ey are not i n te n d ed to s u bstit u te for i nd e p e nd e n t legal a n alysis b y an att o r n ey in p r i v ate p ractice, h o we v e r. T h e District Att o rney str o n g ly u r g es a n yo n e pursu i n g a p etiti o n for n on d iscl o sure to c o nsult with a n att o rn e y of his o r her o w n ch oice. Q. Are defer r ed adjudication records public? A. Yes. Although there is a c o m m on m isconception that deferred adjudication r ecords are r e m oved from a d e fendant's cr i m in a l history upon successf u l conclusion of t h e c o m m unity supervision ( p robation) p eriod, the law does not provide for automatic expunction of deferred adjudication records. Accordingl y , unless there is a court order directing otherwise, r e cords of a p r osecution resulting in a deferred adjudication are pub l ic l y av a ilable in the District Cler k ' s records and the Justice Information Manag e m ent S y st e m (JI M S) database. Q. Can deferred adjudication r ecords be m a de non- p ublic b y request? A. Yes, in s o me instances. There are t wo wa y s that deferred adjudication community supervision r ecords can be made non-p u blic: (1) Class C de f erred adjudications -- By fil i ng an expunction under Article 45.051(e), Code of Cri m i n al Procedure (if the Class C deferred a d judication was i m posed in justice court or m unicipal court); or by fili n g an expunction under Article 55.01(a)(2), Code of Criminal Procedure (if the C l ass C defer r ed adjudication was i m posed in c o un t y or district c ourt). Exp u nction is not available for defer r ed adjudication sentences for Class B, Class A, or felony offenses . (2) Petition for nondisclosure – Under Section 411. 0 81(d), Gove r nment Code, a court can prohibit cri m inal justice agen c ies fr o m disclosing to the public cri m inal histo r y record infor m ation related to certain offenses for which the offender was placed on d e ferred adjudication. There are m any offenses, however, for which this procedu r e is unavailable. Moreo v er, a defendant m ay be d i squalified if he c o m m its an offense after the deferr e d adjudication has been c o m p leted a nd before filing t h e petition. Q. Which defendants are ine l igible to seek an order of nondisclosure? A. Under Section 411.081(e)(1)-(4), Gov e rnment Code, anyone who has ever committed any of the following offenses (inclu d ing as the o f fense for which the def e ndant got deferred adjudication) is not entitled to seek an order of nondisclosure ¾ Indecency with a child ¾ Sexual assau l t ¾ Aggravated sexual assault ¾ Prohibited s e xual conduct (incest) ¾ Aggravated kidnappi n g ¾ Burglary of a habitation wi t h intent t o commit any of t h e above offenses ¾ C o m p elling prostitution ¾ Sexual performance by a child ¾ Possession or pro m otion of child pornography ¾ Unlawful restraint, kidna p p ing, or a g g r avated kidnapping of a person y o ung e r than 17 y ears of age ¾ Atte m p t, conspirac y , or solicitation to c o mmit any of the above of f enses ¾ Capital m u rder ¾ Murder ¾ Inju r y t o a child, elder l y i n dividual, or d isabled indiv i dual ¾ Abandoni n g or endangeri n g a child ¾ Violation of protective or d er or magistrate's order ¾ Stalking ¾ Any other of f ense involvi n g fa m ily v io l ence Q. When is an otherwise elig i b le defendant a llowed to seek an order of nondisclosure? A. Under Secti o n 411 . 081(d ) , the defendant has to wait a certain peri o d of ti m e after the date of discharge and dis m issal before filing a petition for an o r der of nondisclosu r e. The operative da t e is no t the date that the defendant entered his plea: it is the date that the deferred adjudication was concluded . Kind of o ffe ns e W a iting Per i od All felonies 5 years f r o m date of disch a rge an d dis m issal. The f o ll o wing misdemeano r s: 2 years f r o m date of disch a rge an d dis m issal. ¾ Abuse of corpse ¾ Advertising f o r place m ent of child ¾ Aiding suici d e ¾ Assault ¾ Biga m y ¾ Cruelty to animals ¾ Deadly conduct ¾ Destruction of flag ¾ Discharge of firea r m ¾ Disorderly conduct ¾ Disrupting meeting or pro c ession ¾ Dog fight i n g ¾ False al ar m o r report ¾ Har a s s ment ¾ Harboring r u naway child ¾ Hoax bo m bs ¾ Indecent exposure ¾ Interference with e m erge n cy telephone call ¾ Leaving a child in a vehicle ¾ Making a firea r m a cc e ssib l e to a child. ¾ Obstructing highway or other passag e w a y ¾ Possession, manufacture, transport, repair or sale of switc h b lade knife or knuckles ¾ Public lewdness ¾ Riot ¾ Silent or abu s ive calls to 9-1-1 service ¾ Terroristic threat ¾ Unlawful carr y i ng of han dg un b y license holder ¾ Unlawful carr y i ng weapons ¾ Unlawful possession of firea r m ¾ Unlawful res t raint ¾ Unlawful transfer of certain weapons ¾ Violation of protective or d er preventing offense caused by bias or prejudice All o t her misdemeanor s : May file i mmed i a t e l y u p on d isc h ar g e and dis m issal. You will need the follow i ng in f or m ati o n in your petition: ™ The original court and case nu m ber in which the d e ferred adjudication was i m po s ed. ™ The date of t h e original pl e a of guil t y or no contest. ™ The offense for which the d e fendant was placed on deferred adjudication. ™ The date upon which the court dis m i s sed the proceedings and discharged the defendant from deferred adjudication com m unity supervision. This infor m a t ion is generally available from the D i strict Clerk's public service of f ice Q. When will the petition be heard? A. Generall y , the petition wi l l be docketed for a hearing in t h e orig in al court fourteen days after the date of filing. Do not m iss the hea r ing date, or the petit i on m ay be di s missed for want of prosecution. NOTE If filing a non- d isclosure f o r a felo n y cas e , y ou ne e d to obtain a he a ring date f rom t h e court c o or d i n ator where yo u r i n itial case was ori g i n ally h ear d . T h en, you will n eed to file y o ur p etiti o n with t h e Distr i ct Cler k ' s o f fice. Q. What needs to be proven at the hearing? A. A defendant needs to be p r epared to provide evidence of the following elements: The defendant entered a plea of no con t est or guil t y t o the offense The Court pl a ced the defendant on deferred adjudication com m unity supervisio n . The Court di s m i s sed the proceedings in this case and discharg e d the defendant fr o m deferred adjudication com m unity supe r v ision. The defendant is not disqualified from filing a petition under S ection 411.081( e ). The petition was timely fi l ed under Section 411.081 ( d). Issuance of the order is in t h e best interest of justice. The Court will either sign an order granting the petit i on (click here for the fo r m order granting the petition) or den y i ng the p e tition (click here for the fo r m order den y ing the petition). Please bring these fo r m s with y o u to c ourt and f i ll i n the pe r tin e n t identifiers and infor m at i on regarding your deferred adjudication. Q. What is the effect of the order of n o ndi s closure? A. The court ' s o rder will be sent to the Depar t m ent of Public Safety. The Depar t m ent of Public Safety will then send the order to all law enforce m ent agencies, jails or other detention facilities, m agistrates, courts, p r osecuting attorn e y s, correctional facilities, central s t ate depositories of cr i m inal r ecords, and other officials or agencies or other entities of this state or of any political subdivision of this state, a n d to all central federal depositories of criminal records that there is reason to believe h a ve cri m inal histo r y record information that is the subject of the order. Those entities are obliged not to disclose the deferred adjudication record infor m ation to a n y one ot h er than • Other cr i m in a l justice agencies • For cri m inal j u stice or regulatory licensing purposes • An agency or enti t y listed i n Section 4 11 .081(i) • The person who is the sub j ect of the or d er. This page intenti o nal l y l eft blank. CASE NO. [ To be f illed in by Dist ri ct Cler k ’s O ff ice] IN RE ) IN THE DISTRICT COURTOF ) COUNTY, TEXAS ) [ Print na m e of county wh e re you w e re arre st ed ] ) JUDICIAL DISTRICT [ PRINT y o u r fi rs t , m i dd l e a n d l ast na m e ] ) [ To be f illed in by Dist ri ct Cler k ’s O ff ice Petition for Expunction TO THE HONORA BL E JUDGE OF THIS COURT: My na m e is . [P RI NT y o u r fi rs t , m i dd l e a n d l ast na m es.] I am representing m yself in this Petition for Expunction of Records. I am entitled to have my records expunged under Chapter 55 of the Code of Cri m i nal Procedure, for the following reasons: 1. Grounds for Expunction: I am entitled to have all records and f iles concer ni ng the arre s t expunged for the following reason: [CHE C K on e .] a. I was tried for the offense described below on [date] a n d was acquitted by the trial court on [date ] . b. I was tried for the offense described below on [date] a n d was convicted on [date ] . I was pardoned for this offense by on [na m e a n d title of p ardo n ing official] [date ] . c. I was tried for the above offense on [date] and was convicted on [date ] . The Court of Cri m inal App e als acquitted m e of this offense on [date]. d. No indict m ent or info r m ation has been presented against the m e for an offense arising out of the transaction leading to the arrest. I have been released from custody on this c h arge. Any charges again s t m e arising out of m y arrest have not resulted in a final conviction and are no longer pending. The r e was no court-ordered probation under Article 42.12 of the Texas Code of Cri m inal Procedure on this m atter. I was not released on a conditional discharge under for m er § 481.109 of the Texas Health and Safety Code. I have not b een convicted of a felony in the five y ears prece d ing the date of the arrest. e. The charges a g ai n st m e have been dis m issed because [state reas o n for d i smissal ] . I have been released from custody on this c h arge. Any charges again s t me arising out of this arrest have not resulted in a final conviction and are no longer pending. There was no court-ordered probation under Article 42.12 of the Texas Code of Cri m in a l Procedure on this m atter. I was not released on a c o n d itio n al di s charge under for m er § 481.109 of the Texas Health and Safety Code. I have not b een convicted of a felony in the five years prece d ing t h e date of the arre s t . 2. Arrest /Offense to be Expunged: I was arrested on: . [P RI NT m on th , day an d y ear of a r res t .] I was arrested in [city] in County, Texas. The offense was alleged to have occurred on [date] . I was arrested by: , . [PR I NT na m e of a r resting o f f icer.] [ P R INT na m e of arrest i n g ag e n cy.] I was arrested for: . [PR I NT na m e of o ff e nse y o u were a r rested f o r .] The offense / incident report nu m ber is: . [PR I NT o f f e n s e / i n cid e nt r ep o rt n u m b er.] My SID number is: . [PR I NT y o ur S I D nu m b er.] My case number is: and court nu m ber is . [PR I NT y o ur c ase nu m b er.] [PR I NT t h e c o urt nu m ber.] 3. Criminal Justice Agencies: I believe t h e f ollowing c ri m inal justice agen c ies have rec o rds or f iles r el a ting to t h is Petition for Expunction. They should be served w ith notice of this m otion. [L I ST the na m es and addresses of all officials and ag e n cies t h at m a y h a v e rec o r d s of yo u r a rrest. F o r e x a m ple, police dep a rt m ents, sheriff’s dep a rt m ents, jail or other detention facilities, coun t y or district attorney’s office s , Justice of t h e Peace, T e xas D e part m ent of Public S a fety Cr i m e Records Division (512-424-2000), C o un t y or Mu nicipal P ers o n al B o n d O f fice, a n y central d e pos i t ory of re c o r d s t h at m ight h a ve i n f o r m ation conc er ni n g t h e arr e s t , C le r k o f the District C o urt, FBI, etc.] a. N a m e: Address: b. N a m e: Address: c.N a m e: Address: d. N a m e: Address: e. N a m e: Address: f. N a m e: Address: g. N a m e: Address: h. N a m e: Address: i. Na m e: Address: j. Na m e: Address: 4. Identif y ing Inform a tion: I provide the following info r m ation about m yself to assist the agencies listed above in clearing m y recor d : a. My full na m e is: . [P RI NT y o u r fi rs t , m i dd l e a n d l ast na m es.] b. I a m : [ CH E C K on e .]  m a l e  fe m ale. c. My race is: [ C HECK one.]  white  black  H ispan i c  Asian  other [Descr i b e.] . d. The last f our digits of m y social security number are: . e. My Texas Driver’s License nu m ber is: . f. My Date of Birth is: . g. At the time of the arrest, I lived at the following address: . 5. Relief Requested: I ask the Court to set this case for a hearing, and to give reasonable notice of the hearing to each official a g ency listed above. After a hearing on this m atter, I ask the Court to order each agency to: a. To give reasonable notice of the hearing to each official, a g ency, or other public entity na m ed in paragraph III o f this petiti o n pu r suant to Article 55 . 02, section 2 of the Texas Code of Cr i m inal Procedure. b. After hearing on this m atter, to order each off i cial, agency, or other p u blic e n tity t h at there is rea s on to belie v e possesses recor d s or files concerning the arrest to: i.. Return all records and files concerning the a rr e st to t h e Court, or if re m o val is i m practica b le, to oblit e r a te all re f e r e n ces to Petition and noti f y the Court of its action. ii. Request each central f ederal depo s itory to which it supplied infor m ation concerning the arrest of Petitioner to return all s u ch rec o rds a nd f iles to t h e Court, or if re m oval is i m practicable, to oblit e rate all re f erenc e s to P etition and n oti f y the Court of its action. iii. Delete from its public rec o rds all index references to the above- m entioned arrest of the Petitioner. c. To direct the clerk of the court to send a certified copy of the order by certified m ail, return recei p t reque s ted, to the Texas Depart m e nt of Public Safety and to each official, agency, or o t her e n tity n a m ed in paragraph I II of the Petitio n ; and to dire c t the Tex a s Depart m ent of Public Safety to send to each central federal depository an explan a tion of the effect of the order as well as a request for the ret u rn or destruction of the records held by the central federal depository. d. To return to the P e titi o ner, all r e co r ds, f iles, and noti f ic a tio n s of the disposition of records and files returned to the Court pursuant to its expunc t ion order within a reasona b l e ti m e of the receipt of sa m e. Respect f ully sub m itted, [S IG N yo u r f ir s t , m i dd l e and l ast na m es.] [P RI NT y o u r fi rs t , m i dd l e a n d l ast na m es.] Petitioner, P ro se Attach Exhibit A to this petition ***These forms a r e not a sub s titute for legal advice.* * *C:\DOCU ME~1\HelmsJ\LOCALS~1\Temp\G WViewer\Expunction.doc Revised 03/21/06 23CASE NO. [ To be f illed in by Dist ri ct Cler k ’s O ff ice] IN RE ) IN THE DISTRICT COURTOF ) COUNTY, TEXAS ) [ Print na m e of county wh e re you w e re arre st ed ] ) JUDICIAL DISTRICT [ PRINT y o u r fi rs t , m i dd l e a n d l ast na m e ] ) [ To be f illed in by Dist ri ct Cler k ’s O ff ice JURAT On this day, [PRINT your first, m i ddle and last na m es.] appeared before m e, the undersigned authority. A f ter being sworn in, s/he stated the f ollowing: “My na m e is [P RI NT y o u r fi rs t , m i dd l e a n d l ast na m es.] I have read the above Petition for Ex p unction in t h is case, and I swear all the facts stated in this Petition are true and correct.” Petiti on er, Pro se [ D o no t si g n y o ur firs t , middle a n d last n a mes until y o u are in f ro nt of a n o t a r y . ] TO BE C O MPLETED BY NOTARY: State of Te x as County of [PRINT t h e n a m e o f t h e co un ty w h ere t h is p etiti o n is n o t arize d .] S W ORN to and SUBSCRIBED before m e, the undersigned authority, on [date] by . [PRINT t h e first and last n a m es of t h e Petiti on e r.] N o ta r y Pu b lic, State o f Texas [ N o ta r y’s signat u re.] [Notary’s seal m u st be included.] C:\DOCU ME~1\HelmsJ\LOCALS~1\Temp\G WViewer\Expunction.docRevised 03/21/06 24***These forms a r e not a sub s titute for legal advice.* * * CASE NO. [ To be f illed in by Dist ri ct Cler k ’s O ff ice] IN RE ) IN THE DISTRICT COURTOF ) COUNTY, TEXAS ) [ Print na m e of county wh e re you w e re arre st ed ] ) JUDICIAL DISTRICT [ PRINT y o u r fi rs t , m i dd l e a n d l ast na m e ] ) [ To be f illed in by Dist ri ct Cler k ’s O ff ice FIAT Take notice that the Petitioner’s foregoing Petition for Expunction of Records is hereby set for hearing on the day of , 20 , at [ti m e ] in the [n a m e & designation of court] Cou r t of [n a m e of county] County, Texas. SIGNED this the day of , 20 . JUDGE P R ESIDING CERTIFICATE OF S ERV I CE I certify that a true copy of the above Petition has this day b e en sent by certified m ail, return rec e ipt r eq u ested to: of District Att o rney’s office] On this day of , 20 . [na m e & a d dress [Sig n ature] [Pr i nt yo u r fir s t and last na m e] [ A d d ress a n d Telep ho n e N o. ] This page intenti o nal l y l eft blank. [ Fill in t h e b la nk s on t h e t o p o f t h is form e x actly as t h ey a pp ear on t h e Ori g i n al Petiti o n f o r Exp un ctio n . ] CASE NO. IN RE ) IN THE DISTRICT COURT OF ) ) ) [ PRINT y o ur n a m e ] COUNTY, TEXAS JUDICIAL DISTRICT ORDER F OR EXPUNCTION I. Jurisdiction and Notice: Today, this case ca m e before the Court for hear i ng. After reviewing the f ile, the Court finds all parties entitled to notice of this proceeding have been notified. The Court has jurisdiction over this c ase. II. Arrest /Offense to be Expung e d: The Court finds: Petitioner w as arrested on: . [P RI NT m on th , day an d y ear of a r res t .] Petitioner w as arrested in [city] in County, Texas. Petitioner w as arrested by: . [PRINT na m e of arresting agency.] Petitioner w as arrested for: . [PR I NT na m e of o ff e nse y o u were a r rested f o r .] The offense was alleged to have occurred on [da t e]. The offense / incident report nu m ber is: . [PR I NT o f f e n s e / i n cid e nt r ep o rt n u m b er.] Petitioner’s SID nu m ber is: . [PR I NT y o ur S I D nu m b er.] A case was filed against Petitioner in t h e Court of County, Texas. The case was resol v ed when: [ C HECK one of the fol l ow i n g.] charges were dis m issed. Petitioner was acquitted. Petitioner was pardoned. other . [Des c ribe how the case was r e solv e d .] III. Expunction The Court further finds Petitioner ’ s request for Expunction should be: [ TO BE C O M PLET E D B Y T HE C OU R T . ] denied. granted. Therefore, the Court ORDERS that all recor d s and / or fil e s concerning the arrest of on [P RI NT y o u r f irst, m iddle a n d last na m es.] [P R I N T m onth, day an d ye ar of a rr e st.] are EXPUNGED. IV. Actions to be taken [TO BE CO M PLETED B Y THE COURT.] Petitioner’s m otion has been denied. No further action is to be taken. Petitioner’s m otion has been grant e d. IT IS T HEREFORE ORDERED: 1. Any official, agency, or other entity listed below that has sent infor m ation concerning the arre s t to a c e ntr a l f ederal deposit o ry o f cri m inal records req u e s t that agency to return t h e rec o rds to the Cou r t, or if re m oval is i m practicable, to o b literate all r e ferences co n cerning the Petitioner and notify the Court of its action. 2. Each official, agency, or other entity listed below return a l l records co n cerning the arre s t to the Court, or if re m oval is impracticable, to oblit e r a te all re f e r e n ces to Petitioner and notify the Court of its action. 3. Each official, agency, or other entity listed below delete from its public records all index references to the arrest of the Petitioner that is the subject of the cause. 4. The clerk of the court send a certi f ied copy of this order by certified m ail, return receipt requested, to the Texas D epart m ent of Public Safety and to the following: a. N a m e: Address: b. N a m e: Address: c. N a m e: Address: d. N a m e: Address: e. N a m e: Address: f. N a m e: Address: g. N a m e: Address: h. N a m e: Address: i. Na m e: Address: j. Na m e: Address: and that the Texas Depart m ent of Public Safety send to [n a m e of central federal depository] an explanation of t h e effect of the order and r equest it to r eturn or destroy the records of p e titioner in c o mpliance with this Or d e r . V. Petition e r’s Identifying Inform a t ion The following infor m ation is provided to assist t h e agencies in ide n tifyi n g records r e lated to this Expunction Order. a. Petitioner’s full na m e is: