Under Section 55.02 of the Code of Criminal Procedure, you must have your attorney file a Petition for Expunction with the district court in the county in which you were arrested or in the county where the alleged offense occurred. If you were found not guilty of an offense, you have 30 days to file your Petition with the district court in the county where the acquittal occurred.
When you file your Petition for Expunction, you are required to include certain information, including:
- Your full name
- Date of birth
- Driver’s license number
- Social Security number
- Address at the time you were arrested
- The offense you were charged with
- The date the alleged crime occurred
- The date you were arrested
- The name of the county or municipality where you were arrested
- The name of the agency that arrested you
- The case number and court where the charges were filed
- A list of any federal, state or private entities or organizations that you believe may have or have had access to the files in question
Once your Fort Bend County expunction attorney files the petition, the court will schedule a hearing within 30 days. Be aware that the Texas Department of Public Safety has the right to file an objection to your petition during this time.
If no objection is raised to the expunction and the court finds that you are eligible, you will need to present a separate Order of Expunction for the judge to sign. A copy of the signed order must then be distributed to any and all agencies or entities that may have any files relating to the records being expunged. Upon receiving a copy of the expunction order, the records must either be deleted or returned to the clerk of court to be destroyed.
Should any individual attempt to disseminate information about your criminal history after your record has been expunged, that person may be charged with a Class B misdemeanor.