[This form is for all expunction proceedings except when the defendant has been acquitted after a trial on the merits and the expunction order is signed within 30 days of the acquittal. See Tex. Code Crim. Proc. art. 55.01.  This petition must be filed in district court.]

Cause No. __________

EX PARTE					§		IN THE _______________ COURT
						§
						§		COURT DESIGNATION
					§
***						§		_______________ COUNTY, TEXAS

PETITION FOR EXPUNCTION OF CRIMINAL RECORDS

TO THE HONORABLE JUDGE OF SAID COURT:

	NOW COMES ***, the Petitioner, and petitions this Court to order the expunction of all records and files arising out of the arrest and prosecution of Petitioner for certain offenses and in support thereof would show the Court as follows:
	
I.
Petitioner is a      (race and sex)      who was born on ______________; has Social Security Number __________________; has Texas Drivers License number___________________; and whose address at the time of arrest was __________________________________.
	
II.
On or about      (date)     , Petitioner was arrested in ____________, Texas by officers of the ___________________ Police Department for the offense of ___________________.  The offense was alleged to have occurred on __________________.  Petitioner subsequently posted bond. Petitioner was indicted for/charged with the felony/misdemeanor offense of _______________, as 
Cause No. __________ in the      (court)      of ____________ County, Texas.  On      (date)      ,[state how case was disposed of, such as by dismissal or acquittal].
	
III.
Petitioner has reason to believe that the following agencies, officials or other public entities of this State have records concerning the aforesaid arrest(s) and charge(s):
[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.]

1.  Dallas Police Department
1500 Marilla Street
Dallas, Texas 75201

2.  Dallas County Sheriff's Office
Bond and Warrant Divisions
Lew Sterrett Justice Center
Dallas, TX 75207

3.  Dallas County District Attorney's Office
Crowley Criminal Courts Building 
133 North Industrial
Dallas, TX 75207

4.  Dallas County Clerk's Office
Crowley Criminal Courts Building
133 North Industrial
Dallas, TX 75207

5.  Dallas County District Clerk’s Office
Crowley Criminal Courts Building
133 North Industrial
Dallas, TX 75207

6.  Texas Department of Public Safety
Criminal Records and Driver's License Records
5805 North Lamar Blvd., P. O. Box 4087
Austin, TX 78773

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

VI.
Pursuant to Chapter 55 of the Code of Criminal Procedure, Petitioner is entitled to have the records and files relating to his/her arrest expunged for the following reasons:

	1.  Petitioner was acquitted after a trial on the merits for the offense;

	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

		iii.  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 Article 42.12 of the Texas Code of Criminal Procedure;

	AND

		(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 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 remained subject to prosecution for at least one other offense occurring during the criminal episode.

WHEREFORE, the Petitioner prays the Court:

	1.  To set this matter for hearing;

2.  To give reasonable notice of the hearing to each official, agency or other public entity named in Paragraph III of this Petition, pursuant to  Article 55.02, Section 2, of the Texas Code of Criminal Procedure.

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

		a.  Return all records and files concerning the arrest to the Court, or if removal is impracticable, obliterate all references to Petitioner and notify the Court of its action.

		b.  Request each central depository to which it supplied information concerning the arrest of Petitioner to return all such records and files to the Court, or if removal is impractical, to obliterate all references to Petitioner and notify the Court of its action.

		c.  Delete from its public records and index references to the above mentioned arrest of the Petitioner.

4.  To direct the Clerk of the Court to send a certified copy of the order by certified mail, return receipt requested, to each official, agency or other entity named in Paragraph III of the Petition; and to send to each central depository;

5.  To return to the Petitioner all records, files and notifications of the disposition of records and files returned to the Court pursuant to its expunction order, within a reasonable time of the receipt of same.

Respectfully Submitted,

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

Attorney for Defendant
***

VERIFICATION

STATE OF TEXAS				§
						§
COUNTY OF DALLAS			§

BEFORE ME, the undersigned Notary Public, on this day personally appeared ________________, who, being by me duly sworn on his/her oath stated the following:

My name is ____________________ and I am the Petitioner in the foregoing Petition for Expunction of Criminal Records.  I am also the person accused of the charges set forth in the Petition.  I have knowledge of the facts alleged in the foregoing Petition and they are true and correct.

____________________________________
NAME OF DEFENDANT

SUBSCRIBED AND SWORN to before me this _____ day of ____________________, 
200___.

____________________________________
Notary Public in and for 
The State of Texas

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing Petition for Expunction of Criminal Records was served upon the attorney for the State on ________________________, 200___.

____________________________________
Attorney for Defendant

	

Cause No. __________

EX PARTE					§		IN THE _______________ COURT
						§
						§		COURT DESIGNATION
					§
***						§		_______________ COUNTY, TEXAS

				ORDER SETTING HEARING DATE

The foregoing Petition for Expunction of Criminal Records is set for hearing on the ________ day 

of ________________________, 200___,  at ____________o'clock ______.m.

_____________________________________
JUDGE PRESIDING