[This form is adapted from that developed by Hon. Jim Pruitt, Judge of County Criminal Court No. 2 of Dallas County and approved by the Dallas County Criminal Court Judges.  It applies only when the defendant has been found not guilty after a trial on the merits and the expunction order is signed on or before the 30th day after the acquittal. Tex. Code Crim. Proc. art. 55.02, § 1.]

Cause No. __________

STATE OF TEXAS				§			IN THE _______________ COURT
						§
V.						§			COURT DESIGNATION
						§
***						§			________________ COUNTY, TEXAS

MOTION FOR EXPUNCTION OF CRIMINAL RECORDS

TO THE HONORABLE JUDGE OF SAID COURT:

	NOW COMES the Movant, (name, sex, race, DOB, SS#, TDL#, address at arrest), and 
petitions this court to order the expunction of all records and files arising out of charges against the Movant for the offense of (offense), and in support thereof, would show the following:
	
I.
Movant was arrested on (date) in (city), (county), County, Texas, and charged by the (arresting agency) with the misdemeanor/felony offense of (offense), alleged to have occurred in __________ County, Texas on or about (date).  The case was filed on (date), under Cause No. ______________, in the ____________ Court ___ of __________ County, Texas.  This case was brought on for trial and the Movant was found not guilty.
	
II.
Movant has reason to believe that the following agencies, officials, or other public entities of this State have records or files concerning the arrest:

[Obviously the Dallas addresses below apply only to Dallas County cases.  They are left in the form as examples and as a matter of convenience for those with expunction cases in Dallas County.]

Dallas County District Attorney 
Frank Crowley Criminal Courts Building
133 North Industrial Blvd., 10th Floor
Dallas, Texas 75207

Dallas County Clerk
Frank Crowley Criminal Courts Building
133 North Industrial Blvd., 2nd Floor 
Dallas, Texas 75207 

Dallas County District Clerk 
Frank Crowley Criminal Courts Building
133 North Industrial Blvd., 2nd Floor
Dallas, Texas 75207 

Dallas County Pre-Trial Release
Frank Crowley Criminal Courts Building
133 North Industrial Blvd.
Dallas, Texas 75207

Dallas County Sheriff
Identification Section, Bond Section and Detention Section 
Lew Sterrett Justice Center
200 W. Commerce
Dallas, Texas 75207

Dallas Police Department
1500 Marilla
Dallas, Texas 75201

Texas Department of Public Safety 
Criminal Records Section 
5805 N. Lamar Blvd., Box 4087 
Austin, Texas 78773

Texas Crime Information Center
P.O. Box 4143
Austin, Texas 78765-4143

III.
				
Pursuant to Chapter 55 of the Texas Code of Criminal Procedure, Movant is entitled to have all records and files relating to this acquittal; expunged for the following reasons:
	
1.  Movant was acquitted on the charge subject to this arrest by the trial court.
	
2.  Movant has not been convicted of a felony in the five years preceding the date of this arrest.
	3.  The offense for which Movant was acquitted did not arise out of a criminal episode, as defined by Section 3.01 of the Texas Penal Code, in which Movant was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode. 

WHEREFORE, PREMISES CONSIDERED, Movant prays that the Court:
	
	1.  Set the matter for hearing. 

2.  Give reasonable notice of the hearing to each official, agency, or other public entity named in paragraph II of this motion.

3.  After hearing on this matter, order each official, agency, or other public entity that there is reason to believe possesses records or files concerning this arrest and charge to:

		a. Return all records and files concerning the arrest and charge to the court, or if removal is impractical, obliterate all references to Movant and notify the court of its action;
		
		b. Require any state agency that sent information concerning the arrest to a central federal depository to request such depository to return all records and files;
		
		c. Delete from its public records all index references to the subject arrest and charges against Movant;
		
		d. Direct the clerk of the court to send a certified copy of the order by certified mail, return receipt requested, to the Crime Records Service of the Department of Public Safety and to each official agency or other entity of this state or of any political subdivision of this state designated in paragraph II herein.

		e. Direct the Department of Public Safety to provide any central federal depository of criminal records with an explanation of the effect of the expunction order and request that the records in the possession of the depository, including any information with respect to the order, be destroyed or returned to the court. 

		f. For any further relief to which Movant is entitled.

Respectfully Submitted,

____________________________________
Attorney Name
State Bar Number
Address
City, State, Zip
Phone 
Fax

Attorney for Defendant
***

CERTIFICATE OF SERVICE

	This is to certify that a true and correct copy of the foregoing Motion for Expunction of 

Criminal Records was served upon the attorney for the State on ________________________, 

200___.

____________________________________
Attorney for Defendant

[This form is adapted from that developed by the Hon. Jim Pruitt, Judge of Criminal District Court No. 2 of Dallas County and approved by the Dallas County Criminal Court Judges.  It can be adapted for use in any expunction proceeding.]

Cause No. __________

STATE OF TEXAS				§			IN THE _______________ COURT
						§
V.						§			COURT DESIGNATION
						§
***						§	________________ COUNTY, TEXAS

ORDER GRANTING EXPUNCTION OF CRIMINAL RECORDS

I.
The Court finds that the Petitioner/Movant entitled to this expunction of criminal records is identified as:
Name
Sex
Race
DOB
SS#
TDL#
Address at Arrest
Tracking Incident Number: Unknown

II.
The Court finds that Petitioner/Movant was arrested on           (date)           in           (city) ,        (county)      ,Texas, and charged by _______________ Police Department with the misdemeanor/felony of ______________, alleged to have occurred in _______ County, Texas, on or about     (date)     .  The Petitioner/Movant was charged/indicted under Cause No._______________ in the ______________ Court of ______________ County, Texas.  This case was 
[state how the case was disposed of, for example by dismissal or acquittal].
	
III.
The Court finds that the Respondents are:
	1.__________County Clerk
	(Address)
	
	2._________County District Clerk
	(Address)

	3.__________County Sheriff
	(Address)

	4.__________ Police Department
	(Address)
	
	5. Texas Department of Public Safety	
	Criminal Records and Driver's License Records
	5805 North Lamar Blvd., P. O. Box 4087
	Austin, TX 78773

	6. Texas Crime Information Center
	P.O. Box 4143
	Austin, Texas 78765-4143

IV.
The Court further finds that Respondents have been served with a copy of the petition as required by law.
	
V.
The Court finds the Petitioner/Movant is entitled to have all records and files relating to this acquittal expunged for the following reasons:

1.  Petitioner/Movant was acquitted on the charge subject to this arrest by the trial court, a copy of which is attached hereto and incorporated herein by reference.

	OR

	2.  Petitioner was convicted of the offense but subsequently pardoned;

	OR
	
	3.  	a)  The following conditions exist:

		i.  An indictment or information charging Petitioner with the commission of the offense has not been presented against 
		the Petitioner for an offense arising out of the transaction for which he/she was arrested
	OR
		
		ii.  An indictment or information charging Petitioner with the commission of the offense of was presented, but it has been dismissed because the presentment was made due to a mistake, false information, or other similar reason indicating the absence of probable cause at the time of the dismissal to believe that the 
		person committed the offense;
	OR
		
		ii.  The indictment/information was dismissed because it was void;
	AND

(b)  Petitioner has been released and the charge has not resulted in a final conviction, is no longer pending and there was no court ordered community supervision under Tex. Code Crim. Proc. art. 42.12,
		
	(c)  The Petitioner has not been convicted of a felony in the five years preceding the date of his arrest.

	OR

	4.  Petitioner was tried for the offense for which he/she was arrested; 
	convicted of that offense; and acquitted by the Court of Criminal Appeals. 

	AND

	5.  The offense for which Petitioner/Movant was acquitted did not arise 
		out of a criminal episode, as defined by Section 3.01 of the Texas Penal Code, which Petitioner/Movant was convicted of or remained subject to prosecution for at least one other offense occurring during the criminal episode.
	
VI.
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 order.  However, records of such unexpunged arrests which would not have been generated except for the expunged arrest shall be expunged.
	
VII.
The phrase “all records and files pertaining to the arrest” includes records and files which were generated by respondents during this expunction proceedings, including the copies of the motion and this order which are served on each respondent.  It 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 Sections 524.015 and 724.048 of the Texas Transportation Code.
	
VIII.
Records and files pertaining to the arrest shall be expunged by surrendering such records and files to the _______ District/County Clerk, in a sealed envelope, by hand delivery or by mail to:

District/County Clerk
Address
City, State

Videotapes and audiotapes shall be expunged by erasure.  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 type, liquid paper, or other opaque substance) only insofar as they pertain to this arrest.  A copy of such records, partially obliterated, shall be forwarded to the Clerk as specified.

Each respondent that has sent information concerning the arret to a central federal depository shall request such depository to return all records and files subject to the order of expunction.  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. 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 Clerk’s Office certifying that the records have been destroyed.

PURSUANT TO ARTICLE 55.02, § 3(A), OF THE TEXAS CODE OF CRIMINAL PROCEDURE, THE TEXAS DEPARTMENT OF PUBLIC SAFETY SHALL FORWARD THE FINAL ORDER EMANATING FROM THE STATE PROCEEDINGS TO THE FEDERAL BUREAU OF INVESTIGATION WITH AN EXPLANATION OF THE EFFECT OF THE EXPUNCTION ORDER AND REQUEST THAT THE RECORDS IN THE POSSESSION OF THE FEDERAL DEPOSITORY, INCLUDING ANY INFORMATION WITH RESPECT TO THIS ORDER, BE DESTROYED OR RETURNED TO THE COURT.

IX.
No copy of this order shall be given to Petitioner/Movant, nor to any respondent, nor to any other person, until it has been final and until the clerk has certified to it finality.  When it has become final, the clerk shall so certify and shall mail certified copies of it:
	
	1.  by certified mail, return receipt requested to the __________ 
	District/County Attorney’s Office on behalf of itself and all county law 
	enforcement agencies; 

	2.  by ordinary first class mail to Petitioner/Movant or his/her attorney; 
AND 

	3.  by certified mail, return receipt requested, to all other respondents.

No respondent shall comply with this order until it has been thus served.
	
X.
If the Petitioner/Movant should file a civil action arising out of his/her arrest which is the subject of this expunction, he/she necessarily by his/her 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 _______ District/County Clerk’s custody, the person seeking discovery of its contents shall notify the __________ District/County Clerk and the __________ 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. 
	
XI.
The costs, which are described in Article 102.006 of the Texas Code of Criminal Procedure, are assessed against Petitioner/Movant.
	
XII.
The  ________ District/County Clerk shall destroy all files or other records collected or maintained pursuant to this expunction order.
	
XIII.
The expunction files shall not be released to Petitioner/Movant.
	
XIV.
All relief prayed for which is not specifically granted is hereby denied.

Signed on the _____ day of ___________________, 200___.

____________________________________
JUDGE PRESIDING