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CAUSE NO.
Will be furnished upon filing
EX PARTE * IN THE ADDISON MUNICIPAL COURT
* OF RECORD
* OF DALLAS COUNTY, TEXAS
PETITIONER (Print full name)
ORDER GRANTING EXPUNCTION
1. Petitioner named above has the following description:
Race:
Sex:
Date of Birth:
Texas Driver’s License Number:
Social Security Number:
Address at the time of arrest:
2. The Court finds that the petitioner is entitled to expunction of the following arrest(s) by the
Addison Police Department:
Offense: __
Offense Date:
Arrest Date:
Case Number:
Service Number:
Arresting Agency: ADDISON POLICE DEPARTMENT
Filing Agency: ADDISON POLICE DEPARTMENT
City and County of Arrest: Addison, Dallas County
DPS Tracking Number (TRN):
3. Respondents are:
3.1 Addison Prosecutor's Office for itself.
3.2 Addison Police Department
4799 Airport Parkway
Addison, Texas 75001
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3.3 Addison Municipal Court
4799 Airport Parkway
Addison, Texas 75001
3.4 Texas Department of Public Safety Crime
Records Division - MSC 0234
Post Office Box 4143 Austin,
Texas 78765-4143
3.5 Jail Carrollton City Jail (Arrests Thru September 30, 2022)
2025 Jackson Rd.
Carrollton, TX 75006
or
Grapevine Police Department (Arrests October 1, 2022 and after)
Records Department
1007 Ira E. Woods Avenue
Grapevine, TX 76051
3.6 THE TEXAS DEPARTMENT OF PUBLIC SAFETY, AND NOT THE DISTRICT
CLERK, IS HEREBY REQUIRED TO PROVIDE “NOTICE OF THE ORDER TO ANY
PRIVATE ENTITY THAT IS NAMED IN THE ORDER OR THAT PURCHASES
CRIMINAL HISTORY RECORD INFORMATION FROM THE DEPARTMENT” IN
ACCORDANCE WITH TEX. CODE CRIM. PROC. ANN. ART. 55.02, § 3(c-2) (VERNON
SUPP. 2007). THE NOTICE MUST INCLUDE AN EXPLANATION OF THE EFFECT OF
THE ORDER AND A REQUEST THAT THE ENTITY MUST DESTROY ANY
INFORMATION IN THE POSSESSION OF THE ENTITY THAT IS SUBJECT TO THE
ORDER.
3.7 PETITIONER HAS REASON TO BELIEVE THAT BY INPUT INTO THE NATIONAL
CRIME INDEX COMPUTER, THE FEDERAL BUREAU OF INVESTIGATION MAY
HAVE STORED INFORMATION CONCERNING THE ARREST FOR WHICH THIS
PETITION IS BEING BROUGHT. WHILE THESE FEDERAL AGENCIES ARE NOT
"RESPONDENTS" IN THE STATE PROCEEDINGS, PURSUANT TO TEXAS CODE OF
CRIMINAL PROCEDURE ART. 55.02, SECTION 3(A), THE TEXAS DEPARTMENT
OF PUBLIC SAFETY SHALL FORWARD THE FINAL ORDER EMANATING FROM
THE STATE PROCEEDINGS TO THE FBI.
4. The Court finds that respondents have been served with a copy of the petition as required by
law.
5. IT IS THEREFORE ORDERED that all records and files pertaining to the arrest be
expunged. Related arrests (same or similar charge, date, or arresting agency) not specifically
listed herein are excluded from this expunction order. However, records of such unexpunged
arrests which would not have been generated except for the expunged arrest shall be
expunged.
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6. The phrase “all records and files pertaining to the arrest” includes records and files
which were generated by respondents during this expunction proceeding, including the
copies of the petition (and of this order) which are served on each respondent.
7. In accordance with TEX. CODE CRIM. PROC. ANN. Art. 55.06, the phrase “all
records and files pertaining to the arrest” does not include records relating to the
suspension or revocation of a driver’s license, permit, or privilege to operate a motor
vehicle except as provided in TEX. TRANS. CODE ANN. § 524.015 and § 724.048.
8. Response
8.1 Records and files pertaining to the arrest shall be expunged by turning them in to the clerk
of this court, in a sealed envelope, by hand delivery or by email to:
Addison Municipal Court
4799 Airport Parkway
Addison, Texas 75001
8.2 Videotapes and audiotapes shall be expunged by erasing them.
8.3 Records which pertain both to this arrest and to other arrests which are not included in this
order, and which would have been generated even if the expunged arrest had not been
made, shall be obliterated (covered with tape, liquid paper, or other opaque substance) only
insofar as they pertain to this arrest. A photocopy of such records, partially obliterated,
shall be forwarded to the Clerk as specified in 8.1.
8.4 Each respondent that has sent information concerning the arrest to a central federal
depository shall request such depository to return all records and files subject to the order
of expunction.
8.5 Each respondent shall attach a certificate to the sealed envelope, certifying that these are
all the expunged records; and, if the respondent has sent information concerning the arrest
to a central federal depository, it shall also certify that the respondent requested such
depository to return all records and files subject to the order of expunction.
8.6 Alternatively, records pertaining to this arrest may be expunged by the record keeping
agency obliterating or destroying the records. The agency shall then send a certificate to
the Clerk's Office certifying that the records have been destroyed.
9. No copy of this order shall be given to petitioner, nor to any respondent, nor to any other
person, until it has become final. When it has become final, the clerk shall notify the
petitioner or attorney for the petitioner by email.
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10. If the petitioner should file a civil action arising out of his arrest which is the subject of
this expunction, he necessarily by his own allegations makes the materials contained in
the expunged records, as well as the contents of the expunction file, a matter of public
record subject to discovery proceedings. W.V. v. State, 669 S.W.2d 376, 379 (Tex. App.–
Dallas 1984, writ ref’d n.r.e.). If the expunction file is still in the Addison Clerk’s
custody, the person seeking discovery of its contents shall notify the Addison Clerk and
the Prosecutor’s Office. Upon motion and order, the clerk of this court shall deliver the
expunction file to the clerk of the civil court where said action is pending, taking his
receipt for the same.
11. The clerk of the court shall destroy all files or other records collected or maintained
pursuant to this expunction on or after the first anniversary of the date the order of
expunction was issued, unless the records or files were released to the petitioner before
that date pursuant to court order.
All relief prayed for not herein specifically granted is hereby denied.
SIGNED this day of , 20
.
JUDGE
APPROVED AS TO FORM:
ATTORNEY FOR PETITIONER or PRO SE
