VERIFIED PETITION FOR EXPUNCTION OF CRIMINAL RECORDS

(Texas Code of Criminal Procedure, Chapter 55)

[// GUIDANCE: This template is drafted for use in any Texas county district court. Replace all bracketed items before filing. Where variations are possible, alternative language is provided in italicized brackets. Remove inapplicable provisions.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Jurisdiction, Venue, Statutory Basis, and Allegations)
IV. Representations & Warranties of Petitioner
V. Covenants & Restrictions (Compliance Obligations of Respondents)
VI. Default & Remedies (Court-Supervised Enforcement)
VII. Risk Allocation (Reserved – Not Applicable)
VIII. Dispute Resolution (Court Jurisdiction Confirmed)
IX. General Provisions
X. Execution Block
Exhibit A – Proposed Order of Expunction
Exhibit B – Certificate of Service

I. DOCUMENT HEADER

1. Caption

IN THE [] JUDICIAL DISTRICT COURT
[] COUNTY, TEXAS

CAUSE NO. ____

IN THE MATTER OF THE EXPUNCTION OF CRIMINAL RECORDS OF
[PETITIONER’S FULL LEGAL NAME], Petitioner.

2. Title

VERIFIED PETITION FOR EXPUNCTION OF CRIMINAL RECORDS

3. Recitals

A. Petitioner seeks the expunction of all records and files arising from the arrest described herein pursuant to Tex. Code Crim. Proc. arts. 55.01 & 55.02.
B. This Petition is filed in the proper court and county because the arrest occurred in [COUNTY] County, Texas.

[// GUIDANCE: If venue is based on where the charging court was located rather than the arrest, modify Recital B accordingly.]

II. DEFINITIONS

For ease of reference, the following capitalized terms are used throughout this Petition:

“Arrest” means the arrest of Petitioner on or about [ARREST DATE] by [LAW-ENFORCEMENT AGENCY] for alleged violation(s) of [OFFENSE(S)].

“Records” means all files, fingerprints, photographs, index references, and computer entries relating to the Arrest maintained by any Respondent.

“Respondents” collectively refers to every agency, official, clerk, private entity, or other person or entity in possession of Records, as specifically listed in Section III(E).

III. OPERATIVE PROVISIONS

A. Jurisdiction & Venue

1. This Court has jurisdiction under Tex. Code Crim. Proc. art. 55.02 § 2.
2. Venue is proper in this Court under art. 55.02 § 2(b) because the Arrest occurred in [COUNTY] County.

B. Statutory Basis

Petitioner is eligible for expunction under one or more of the statutory grounds in Tex. Code Crim. Proc. art. 55.01(a), specifically:
[SELECT ALL THAT APPLY]
1. ☐ Acquittal – art. 55.01(a)(1)(A).
2. ☐ Pardon – art. 55.01(a)(1)(B).
3. ☐ Dismissal / No Bill with applicable waiting period – art. 55.01(a)(2).
4. ☐ Class C deferred adjudication completed – art. 55.01(a)(2)(A)(i).

[// GUIDANCE: Insert only the ground(s) that unquestionably apply. Eligibility errors are fatal.]

C. Waiting Period Compliance (if required)

1. Date of Arrest: [___]
2. Applicable waiting period under art. 55.01(a)(2)(A):
   • Felony – three (3) years
   • Class A/B Misdemeanor – one (1) year
   • Class C Misdemeanor – one hundred eighty (180) days
3. The foregoing period has fully elapsed; no indictment/information is pending.

D. Lack of Disqualifying Factors

1. Petitioner has not been convicted of any felony during the five-year period preceding the Arrest.
2. No civil litigation is currently pending relating to the Arrest.

E. Respondents to Be Served

1. [COUNTY] District Attorney’s Office
2. [ARRESTING LAW-ENFORCEMENT AGENCY]
3. Texas Department of Public Safety (“DPS”) – Crime Records Service
4. Federal Bureau of Investigation (“FBI”) – CJIS Division
5. [ANY MUNICIPAL COURT, JP COURT, OR DISTRICT COURT INVOLVED]
6. [ANY THIRD-PARTY RECORD VENDORS KNOWN]

[// GUIDANCE: DPS is mandatory; others depend on the record path. Err on the side of inclusivity.]

F. Relief Requested

Petitioner prays that the Court:
1. Set this matter for hearing pursuant to art. 55.02 § 2(c).
2. After hearing, order Respondents to expunge, obliterate, or return to Petitioner all Records, and to certify in writing to the Court within sixty (60) days that such action has been completed.
3. Order DPS to disseminate copies of the Order of Expunction to all federal depositories and private entities known to maintain criminal history information concerning the Arrest.
4. Award all further relief to which Petitioner may be justly entitled.

IV. REPRESENTATIONS & WARRANTIES OF PETITIONER

1. Accuracy. Petitioner represents that all factual statements herein are true and correct.
2. No Pending Charges. Petitioner represents that no criminal charge arising out of the Arrest is now pending.
3. Eligibility. Petitioner warrants that he/she meets every statutory element necessary for expunction under art. 55.01.
4. Survival. These representations survive the granting of the expunction and remain enforceable by the Court.

V. COVENANTS & RESTRICTIONS (RESPONDENTS’ OBLIGATIONS)

1. Compliance Covenant. Each Respondent shall strictly comply with the Order of Expunction and with Tex. Code Crim. Proc. art. 55.03, including the prohibition against release, dissemination, or use of expunged information.
2. Certification of Destruction. Within sixty (60) days of service of the Order, each Respondent shall certify completion of expunction to the Court and Petitioner’s counsel.
3. Notice Obligation. If any Record is later discovered, the Respondent possessing it shall notify Petitioner’s counsel within five (5) business days and shall immediately destroy the Record.

VI. DEFAULT & REMEDIES

1. Event of Default. Failure of any Respondent to timely comply with the Order constitutes a default.
2. Remedies. Upon default, Petitioner may seek:
   a. A writ of mandamus compelling compliance;
   b. Contempt sanctions; and
   c. Recovery of attorney’s fees and costs incurred in enforcing the Order.

VII. RISK ALLOCATION (RESERVED – NOT APPLICABLE)

[// GUIDANCE: Traditional indemnity and liability-cap provisions are not germane to a statutory expunction proceeding.]

VIII. DISPUTE RESOLUTION

1. Governing Law. This Petition and any resulting Order are governed exclusively by the laws of the State of Texas, including Tex. Code Crim. Proc. ch. 55.
2. Forum Selection. The District Court of [COUNTY] County, Texas shall have exclusive jurisdiction over all disputes arising from or related to this matter.
3. Arbitration & Jury Trial. Neither arbitration nor jury trial is available or applicable in an expunction proceeding.
4. Injunctive Relief. The Court retains continuing jurisdiction to enforce its Order and may issue injunctive relief as necessary to ensure compliance.

IX. GENERAL PROVISIONS

1. Amendments. The Court may permit amendments to this Petition in the interest of justice and to conform to facts developed at hearing.
2. Severability. If any portion of the Order is held invalid, the remainder shall remain in full force.
3. Integration. This Petition constitutes the entire request for relief; no prior statement shall modify its terms absent express citation herein.
4. Electronic Signatures. Electronic signatures on this Petition, the Certificate of Service, or the Proposed Order shall be given full legal effect under Tex. Civ. Prac. & Rem. Code ch. 322 and TRCP 21(f).

X. EXECUTION BLOCK

Respectfully submitted this ___ day of ____, 20__.

[ATTORNEY NAME]
State Bar No. [___]
[LAW FIRM]
[ADDRESS]
[TEL] | [FAX] | [EMAIL]
ATTORNEY FOR PETITIONER

VERIFICATION

STATE OF TEXAS §
COUNTY OF [___] §

BEFORE ME, the undersigned authority, on this day personally appeared [PETITIONER], who, being by me duly sworn, stated under oath that he/she has read the foregoing Petition, that each and every allegation therein is true and correct to the best of his/her knowledge and belief.

[PETITIONER]

SUBSCRIBED AND SWORN TO before me on this ___ day of ____, 20__.

Notary Public, State of Texas
My commission expires: _____

EXHIBIT A – PROPOSED ORDER OF EXPUNCTION

[// GUIDANCE: Attach a separate clean order for the judge’s signature. Ensure it lists every Respondent precisely as in § III(E), contains findings tracking art. 55.02 § 5(b), and includes certification wording from art. 55.03.]

EXHIBIT B – CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing Petition, together with all exhibits, was served on each Respondent listed in § III(E) by [METHOD: e-service, certified mail RRR, or personal service] on the ___ day of ____, 20__, in accordance with Tex. Code Crim. Proc. art. 55.02 § 2 and Texas Rules of Civil Procedure 21a.

[ATTORNEY NAME]

[// GUIDANCE: Prior to filing, confirm:
• All names, addresses, and agency designations are accurate.
• No conflicting criminal matters exist.
• Hearing date is coordinated with the court clerk.
• Filing fees are paid or fee waiver obtained.
• Copies of dismissal orders, pardons, or acquittals are attached if applicable.]