When you are charged for a crime in Texas, you end up with a criminal record. If the charge is dismissed, it does not mean the charges are expunged from your record. Only certain dismissed charges qualify for expungement. Examples of charges that qualify for expungement include acquittals, charges received due to identity theft, certain juvenile offenses and pardons. If you are indicted, convicted or serve probation time for an offense, it can not be removed from your record. If you are uncertain as to whether or not a charge qualifies for removal, consult with a criminal attorney.
Items you will need
- Order For Expunction
Visit a municipal, county or district court to request a “Petition For Expunction Of Records.” The exact court to visit all depends upon the severity of the dismissed charge. You can also download a copy of this petition from specific Texas' court websites or from the Texas State Bar website.
Complete the petition by entering your name, date of birth, race, address, driver's license number, Social Security number, the offense, the location of the offense, date of arrest, date of charge and the date the charge was dismissed.
Take the petition to a Notary Public to get it notarized. Make a copy of the notarized petition for your own records.
Submit the notarized petition to the same court that tried your original case. You will be assigned a hearing date for your case. Usually, the hearing is scheduled to take place within 14 days from the date your petition is filed. Attend the hearing to determine whether or not your request for expunction is granted.
Create an “Order For Expunction” request. If you don't know how to draft your own request, use the a free template provided by the Texas State Bar. It is included in the “Expunctions In Texas” pamphlet, located in the “Our Legal System” section the Texas State Bar website (See link in Resources).
Present the "Order of Expunction" request to the court so the judge can sign it. Make several copies of the signed order.
Submit a copy of the signed "Order of Expunction" to any agency or organization that is still reporting the dismissed charge.