free guide and forms to seal your texas criminal record (nondisclosure)

Disclaimer: This document includes both a guide to the process and free forms (petition, etc.) that can beused in a do-it-yourself way to get your criminal record expunged or sealed. Hopefully, reading through it fromstart to finish will help you to understand how this process works in Texas and you will be able to get yourcriminal record removed from public view. These forms and this guide are provided as a public service by theircopyright owner, Michael Lowe, who is a Board Certified Criminal Defense law practicing in Dallas, Texas.However, you are not forming any kind of attorney-client relationship with him here. It is hoped that you canunderstand and fill these forms out without the need for a lawyer. If you have a few simple questions, then youmay be able to get answers at no cost to you by calling the clerk of the court where you were convicted.

ELIGIBILITY REQUIREMENTS TO SEAL YOUR TEXAS CRIMINAL RECORD

To determine whether you are eligible to have your criminal record(s) sealed in Texas, please answerthe following questions:

I. EXCLUDED OFFENSES

1. Have you ever been placed on probation or convicted for an offense that requires you toregister as a sex offender?

2. Have you ever been placed on probation or convicted for any of the following?

Aggravated Kidnapping Violation of a Protective Order Stalking Murder Capital Murder Manslaughter

3. Have you ever been placed on probation for or convicted of an offense involving familyviolence? (i.e. Assault against spouse, live-in girlfriend/boyfriend, sibling etc.)

If you answered YES to any of the above, you are not eligible for a Petition For Non Disclosure.

II. DEFERRED ADJUDICATION

What is deferred adjudication? Deferred Adjudication is a non-conviction type of probation.That is, if you finish your probation, there is no conviction and your case was dismissed. If youare not sure whether you had a deferred adjudication probation or a regular (conviction type)probation, contact the court and ask for a copy of the judgment and sentence for your case. Thejudgment or sentence will state what type of probation you received.

1. Did you receive deferred adjudication probation?

2. Did you successfully complete the deferred adjudication probation?

3. Was your case dismissed upon your successful completion of probation?

If you answered YES to all three above questions, please continue.

If you answered NO, you are not eligible.

III. MISDEMEANOR OR FELONY

Was your case a misdemeanor or felony? If your case was a misdemeanor, then please continueto Part IV. If your case was a Felony, please continue to Part V.

IV. MISDEMEANOR CASES:

If your misdemeanor case was not one of the following, then you can have it sealed immediately.

If your case was a misdemeanor and it was one of the following, then go to the next question.

Homosexual Conduct Assault Aiding Suicide Deadly Conduct Terroristic Threat Leaving a Child in a Vehicle Bigamy Harboring a Runaway Violation of a Protective Order Advertising For Placement of a Child

Disorderly Conduct Riot False Alarm or Report Indecent Exposure Interference With Emergency Telephone Call Possession, manufacture, transport, repair or sale of switchblade knife or knuckles Public Lewdness Unlawful Carrying of a Handgun by a License Holder Unlawful Carrying Weapons Unlawful Possession of Firearm Unlawful Restraint Obstruction of a Passageway or Highway Disrupting Meeting or Procession Abuse to 9-1-1 service Harassment Stalking Abuse of a Corpse Cruelty to Animals Attack on Assistance Animal Dog Fighting Destruction of Flag Discharge of Firearm in a Municipality Use of Laser Pointers Unlawful Transfer of Certain Weapons Hoax Bombs Making a Firearm Accessible To a Child

If your misdemeanor deferred adjudication was one of the above, then were you placed onprobation or did you receive a conviction for any type of offense (other than traffic tickets) in thetwo years following the date you were discharged from your misdemeanor deferred adjudicationprobation?

If no, and it has been at least two years FROM THE DATE YOU WERE DISCHARGED(FINISHED) YOUR DEFERRED ADJUDCIATION PROBATION, you are eligible.

If yes, then you will not be eligible.

V. FELONY CASES:

Were you placed on probation or did you receive a conviction for any type of offense (other thantraffic tickets) in the five years following the date you were discharged from your felony deferredadjudication?

If no, and it has been at least five years FROM THE DATE YOU WERE DISCHARGED(FINISHED) YOUR DEFERRED ADJUDCIATION PROBATION, you are eligible.

If YES, then you will not be eligible.

INSTRUCTIONS FOR PETITIONS FOR NON-DISCLOSURE OF RECORDS

1. Fill out your Petition. All “grey” text field regions must be filled out! After completing all textfields, sign your Petition and have it notarized.

2. Locate the address to the District Clerk=s Office or the County Clerk=s Office of where your caseoriginally arose. Go to http://www.tdh.state.tx.us/bvs/registra/address.htmto find the correctDistrict Clerk or County Clerk=s address information. [IF YOUR CASE WAS AMISDEMEANOR, CONTACT THE COUNTY CLERK=S OFFICE. IF YOUR CASE WAS AFELONY, CONTACT THE DISTRICT CLERK=S OFFICE.]

3. Contact the Clerk=s Office to find out what the filing fee is in that particular county. (You mustdo this, because the filing fees vary greatly from county to county.) Go tohttp://www.tdh.state.tx.us/bvs/registra/address.htm to find the correct District Clerk or CountyClerk=s phone number.

4. File or mail Petition for Non-Disclosure and the Cover Letter and enclose a check for theappropriate filing fee amount due to the District or County Clerk=s Office. Make sure you includethe correct number of copies and a self-addressed and stamped envelope so the court can return afile-stamped copy of your Petition.

5. When you receive the file stamped copy back, check the Fiat to find out what date the Court hasset your Petition for Non-Disclosure for a hearing.

6. Once you have a hearing date set, contact District Attorney=s office. (The District Clerk will giveyou their phone number.) Find the prosecutor who handles Petitions For Non-Disclosure and askthem whether they will agree to seal the record.

7. If the prosecutor agrees to seal, then request that the prosecutor notify the court in writing thatthere is an agreement to expunge.

8. Have the prosecutor sign the proposed order to seal your criminal record.

9. If the prosecutor agrees to seal and sign the proposed order, submit the order for the judge=sapproval and signature. Usually the prosecutor will do this for you.

10. If the prosecutor will not agree to seal, you must attend the hearing on the date set by the court.

11. During the hearing make sure that everything is recorded by the court reporter. REQUEST ACONTINUANCE IF THERE IS NO COURT REPORTER. Make sure you state on the record allof the reasons that you are eligible to have your record seal. You must also state why you believeit in the Abest interest of justice@ that your record be sealed. If you are not sure, bring a copy of

the petition you filed and read into the court=s record all of the reasons you feel that you qualify to

have your record sealed.

TODAY'S DATE

NAME OF CLERKADDRESS OF CLERKADDRESS OF CLERKCITY, STATE ZIP

Re: Petition for Nondisclosure of Records – NAME OF PETITIONER

Dear Clerk:

Enclosed please find an original and four copies of the above-mentioned petition, along withan order, for your convenience, setting a hearing date and a check in the amount of $ AMOUNT OFMONEY. Please file stamp one of the copies and return it to me, along with the Order once ahearing date has been set, in the enclosed self-addressed stamped envelope.

If you have any questions regarding this, please do not hesitate to contact me. Thank you foryour assistance in this matter.

Sincerely,

NAME OF PETITIONER

Enclosures

PETITION FOR NON-DISCLOSURE OF RECORDS PAGE 1

CAUSE NO. _____________

EX PARTE ' IN THE COUNTY CRIMINAL' COURT #COURT NUMBER' [OR]

VS. ' COURT JUDICIAL DISTRICTNAME OF PETITIONER AT TIME OF OFFENSE ' COUNTY COUNTY, TEXAS

PETITION FOR NON-DISCLOSURE OF RECORDS

TO THE HONORABLE JUDGE OF THIS COURT:

Pursuant to Section 411.081 of the Government Code, NAME OF PETITIONER AT TIME

OF OFFENSE, Petitioner, petitions the Court to order the non-disclosure of all records and files

relating to an offense giving rise to a deferred adjudication, and in support of this petition shows:

I.

Petitioner is a RACE SEX whose full name is NAME OF PETITIONER AT TIME OF

OFFENSE. Petitioner was born on DATE OF BIRTH. Petitioner=s Texas Driver=s License No. is

YOUR LICENSE NUMBER, IF YOU HAVE ONE, and his/her Social Security No. is YOUR SSN,

IF YOU HAVE ONE.

II.

On DATE OF ARREST, Petitioner was arrested in the City of CITY OF ARREST by a


NAME OF POLICE AGENCY, ex.: Dallas Police Officer, charging him/her with OFFENSE

CHARGED. On DATE PETITIONER RECEIVED DEFERRED ADJUDICATION and in Cause

Number YOUR CASE NUMBER, the judge of said matter deferred further proceedings, entering an

adjudication of guilt and placed Petitioner under supervision of the Court. Petitioner subsequently

completed his/her deferred probation and at the end of his/her period of supervision, the Court

dismissed the proceedings and discharged Petitioner on DATE PROBATION COMPLETED AND

DISMISSED.

In the five years IF MISDEMEANOR, ten years IF FELONY, since his/her case was

dismissed and he/she was discharged from probation, Petitioner has not been convicted of or placed

on probation under section 5, 42.12 of the Code of Criminal Procedure for any offense other than an

offense under the Transportation Code punishable by fine only. Petitioner has not been previously

been convicted or placed on deferred adjudication for any offense requiring registration as a sex

offender under Chapter 62, Texas Code of Criminal Procedure, any offense under sections 19.02,

1903, 20.04, 22.041, 25.07, or 42.072 of the Texas Penal Code. Petitioner has never before been

convicted or placed on deferred adjudication for any offense involving family violence, as defined by

Section 71.004, Texas Family Code.

III.

Petitioner has reason to believe that the following agencies, officials, or other public entitiesof this state have records concerning the arrest:


1) ARRESTING OR CHARGING POLICE AGENCYExample Only: Dallas Police DepartmentJack Evan Police Headquarters1400 S. Lamar StreetDallas, Texas 75215-1815Records Division

2) PROSECUTING ATTORNEY'S OFFICEExample Only: Dallas District Attorney’s Office133 N. Industrial Blvd.Dallas, Texas 75207Records Department

3) DISTRICT CLERK OFFICE (If Felony)COUNTY CLERK OFFICE (If Misdemeanor)Example Only: Dallas District Clerk133 N. Industrial Blvd.Dallas, Texas 75207Records Department

4) Texas Department of Public Safety5805 N. LamarP. O. Box 4087Austin, Texas 78773

IV.

Pursuant to section 411.081 of the Texas Government Code, Petitioner is entitled to have all

records and files concerning the arrest and subsequent deferred probation sealed from disclosure for

the following reasons:

1) The court in the above referenced matter deferred further proceedings without


entering an adjudication of guilt and placed Petitioner under supervision of the court.

Petitioner subsequently completed his deferred probation and at the end of his period

of supervision the court dismissed the proceedings and discharged Petitioner from

supervision.

2. Since his/her case was dismissed and he/she was discharged from probation,

Petitioner has not been convicted or placed on deferred adjudication probation under

section 5, 42.12 of the Code of Criminal Procedure for any offense other than an

offense under the Transportation Code punishable by fine only. Petitioner has not

been previously been convicted or placed on deferred adjudication for any offense

requiring registration as a sex offender under Chapter 62, Texas Code of Criminal

Procedure, any offense under sections 19.02, , 1903, 20.04, 22.041, 25.07, or 42.072

of the Texas Penal Code. Petitioner has never before been convicted or placed on

deferred adjudication for any offense involving family violence, as defined by

Section 71.004, Texas Family Code.

WHEREFORE, the Petitioner prays the Court:

2. To set this matter for hearing.

3. To give reasonable notice of hearing to the State of Texas pursuant to Texas


Government Code 411.081.

4. After the hearing on this matter, the court should issue an order prohibiting criminal

justice agencies from disclosing to the public criminal history record information

related to the offense giving rise to the herein referenced deferred adjudication.

4. After a hearing on this matter, the Court=s order of nondisclosure should be

forwarded to the clerk of this court and said clerk should send a copy of the order by

certified mail, return receipt requested, to the Crime Records Service of the

Department of Public Safety. The Department of Public safety should then, by order

of this court, send a copy of said order by mail or electronic means to all law

enforcement agencies, jails or other detention facilities, magistrates, courts,

prosecuting attorneys, correctional facilities, central state depositories of criminal

records, and other officials or agencies or other entities of this state or of any political

subdivision of this state, and to all central federal depositories of criminal records

that there is reason to believe have criminal history record information that is the

subject of the court=s order.

Respectfully submitted,

__________________________[NAME OF PETITIONER]


[ADDRESS OF PETITIONER][PHONE NUMBER OF PETITIONER][FAX NUMBER OF PETITIONER]

PETITIONER APPEARING PRO SE


AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared

_______________________________________ , who after being duly sworn stated:

AI am the Petitioner in this cause. I have read the Petition for Non-Disclosure of Records and

swear that all of the allegations of fact contained in the Petition are true and correct.@

__________________________________NAME OF PETITIONER

SUBSCRIBED AND SWORN TO BEFORE ME on this the ______ day of

_________________, 20____.

___________________________________Notary Public in and for the State of Texas

My Commission Expires: ______________


CAUSE NO. _____________

EX PARTE ' IN THE COUNTY CRIMINAL' COURT #COURT NUMBER' [OR]

VS. ' COURT JUDICIAL DISTRICTNAME OF PETITIONER AT TIME OF OFFENSE ' COUNTY COUNTY, TEXAS

ORDER SETTING HEARING DATE

It is ORDERED that the hearing on the Petition for Non-disclosure of Records is hereby set

for ____o=clock, ____. m. on the ____ day of ________________, 20____, in the courtroom of the

____________________________________________ Court in Dallas, Texas.

SIGNED this the _____ day of ______________________, 20___

_____________________________________JUDGE PRESIDING

PETITION FOR NON-DISCLOSURE OF RECORDS PAGE9

CAUSE NO. _____________

STATE OF TEXAS IN THE_____________ JUDICIAL

VS. DISTRICT COURT OF

_____________ _____________COUNTY. TEXAS

ORDER PROHIBITING DISCLOSURE OF CRIMINALHISTORY RECORD INFORMATION

Today, the Court heard the defendant's petition asking the court to issue an order of prohibitingcriminal justice agencies from disclosing the defendant's criminal history record information relating tothe offense that gave rise to the defendant's deferred adjudication. See TEX. GOVT. CODE § 411.081(d)-(h).

After notice to the state, the Court conducted a hearing on the defendant's petition. Thedefendant, his counsel (if any), and counsel for the State were present. After hearing all the evidence, theCourt is of the opinion that the petition is meritorious.

Accordingly, the Court FINDS:1) the defendant entered a plea of guilty or nolo contendere in this cause and the Court placed

the defendant on deferred adjudication community supervision: and2) at the end of the period of supervision, the Court dismissed the proceedings in this cause and

discharged the defendant from deferred adjudication community supervision: and3) the defendant satisfies the requirements of Sections 411.081(d) & (e) of the Texas

Government Code:4) the defendant was entitled to file the petition and tendered a fee to the clerk: and5) issuance of this order is in the best interest of justice.The Court ORDERS that criminal justice agencies arc prohibited from disclosing to the public

criminal history record information related to the defendant's commission of the offenseof _____________ on _____________, for which the defendant was placed on deferredadjudication community supervision in this cause.

The following information is provided to identify the defendant:NAME: _____________SEX: _____________RACE: _____________DATE OF BIRTH: _____________DRIVER'S LICENSE NUMBER: _____________SOCIAL SECURITY NUMBER:_____________

The Court finds that defendant is entitled to nondisclosure of the following information:


ALLEGED OFFENSE: _____________DATE OF ALLEGED OFFENSE: _____________DATE OF ARREST: _____________COUNTY WHERE ARRESTED: _____________MUNICIPALITY WIIERE ARREST OCCURRED: _____________ARRESTING AGENCY: _____________CASE NUMBER: _____________

COURT: The Court further ORDERS the Clerk of the Court to send a copy of this Order by secureelectronic mail to the Crime Records Service of the Department of Public Safety. Pursuant to Section411.081(g) of the Texas Government Code, the Crime Records Service of the Department of Public Safetyshall send a copy of this Order by mail or electronic means to all law enforcement agencies, jails or otherdetention facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central statedepositories of criminal records, and other officials or agencies or other entities of this state or of anypolitical subdivision of this state, and lo all central federal depositories of criminal records that there isreason to believe have criminal history record information that is the subject of this order, including thefollowing agencies known to the defendant to have criminal history record information subject to thisorder:

(a) Dallas County Sheriffs Department133 N. IndustrialDallas. TX 75207

(b) Texas Department of Public SafetyCrime Records Service MSC 0234P.O. Box 4143Austin. TX 78765-4143

(c) Dallas County District Attorney's Office133 N. Industrial. 10th FloorDallas. TX 75207

(d) _____________ Police Department

(e) Dallas County District Clerk's Office133 N. Industrial. 2nd FloorDallas. TX 75207 (0 Dallas County

Pretrial Services133 N. IndustrialDallas, TX 75207


The Court further ORDERS that this document is confidential. It is not public information as that term isdefined under the Texas Public Information Act and shall not be disseminated pursuant to a request madeunder the Public Information Act.

SIGNED this _____________day of _____________._____________

_____________ JUDGE PRESIDING

free guide and forms to seal your texas criminal record (nondisclosure)

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