How to Expunge a Criminal Record in Austin, Texas

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    • 1). Obtain a copy of your criminal history record. The applicant or an authorized individual must make a written request for the Department of Public Safety (DPS) to search the individual's criminal history record. The request must include the individual or the authorized representative's name, address and phone number. The applicant must also submit a fingerprint card, which provides the individual's name, address, Social Security Number, sex and date of birth. A payment of $15 must be included with the request.

    • 2). File a Petition for Expunction. The petition must include information about the record the applicant seeks to expunge and must list the law enforcement agencies that have a record of the arrest. The applicant must file the original petition with the court clerk in the Judicial District where the arrest occurred. The applicant must provide a copy to the local office of the District Attorney and with the law enforcement agencies listed in the Petition.

    • 3). Prepare an expunction order. To obtain an expunction, the applicant must have it signed by a judge or District Attorney. The applicant can seek a signature either by presenting their case at a hearing and proving their eligibility or by obtaining the signature of the District Attorney. After obtaining the District Attorney or judge's signature, take the order to the court clerk. Provide the necessary copies for distribution to the appropriate agencies.

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