/ Attorney for Students Office
601 University Dr. • LBJ Student Center 5-1.5 • San Marcos, TX 78666
(512) 245-2370 • Fax (512) 245-9053

Expunction Procedure & Information Packet

We cannot begin the expunction process until receiving all of the items listed below. These may be mailed or dropped off at our office. Please supply all of the documents simultaneously.

  1. Completed Expunction Worksheet (attached): If there are questions to which you do not know the answer, mark these "Unknown."
  2. Purchase your Official Criminal History Record and Fingerprint Card
  3. Your record may be obtained from the Texas Department of Public Safety at 108 Denson Dr., Austin, TX 78752. The representative who assists you will take your fingerprints for purposes of identification. As of April 2014, the fee for this service, including fingerprinting, is $24.95.
  4. You may also obtain your criminal history record online at: records.txdps.state.tx.us/dpsWebsite/CriminalHistory/
  5. The fee for this online service is $3.58 per name searched. However, you may still need to obtain a fingerprint card in person
  6. If you do not have a statewide criminal record, the representative will return your fingerprint card and a simple printout indicating that no records exist in your name. This is common for offenses that did not result in an arrest.
  7. Obtain Certified Copies of your Court Record
  8. These may be obtained from the County Clerk in the county where your case took place. If your case took place in a municipal court or justice of the peace, contact the court directly. Ask the clerk assisting you for "a copy of my court file." If your case is more than a few months old, your file may be in storage and it will take a few days to obtain.
  9. Once you have your court file, check to be sure that it contains an "Order of Dismissal”. If an order is not included in the paperwork that you are provided, tell the clerk that you need one and ask them to request one from the judge.
  10. We need a copy of the entire court file, including the Order of Dismissal.
  11. Filing Fee and Notification Costs
  12. There is a filing fee for every expunction petition in Hays County of $267 and in Travis County of $252. Depending on the county, there are also $10 to $15 notification costs for each agency that must be notified about your petition. Generally, notification fees do not cost more than an additional $100.
  13. Timeline for Expunction
  14. Many jurisdictions will not allow an expunction before the statute of limitations has run (for misdemeanors this is two years), although some will consider an expunction after six months if the DA’s office gives their approval. If you went to trial and were found not guilty, an expunction can be sought immediately. You can also apply for an expunction if you were pardoned by the governor.
  15. You cannot have a hearing on your expunction for at least 30 days from the date of filing. Six weeks is a more typical time frame to get a court date. You will have to appear in person for the hearing.

Texas State University Attorney for Students - Expunction Worksheet

Name:
Current Address:
City: / County: / State: / Zip:
Home Phone: / Cell Phone:
Address at Time of Arrest/Ticket:
City: / County: / State: / Zip:
Social Security #: / Driver’s License # & State:
Birthdate: / Gender: / Race:
Offense charged:
Date of offense: / Date of arrest/ticket:
City and County where arrested/ticketed:
If you were jailed, which jail:
Name of arresting/ticketing law enforcement agency:
Case/Cause#: / Presiding court:
Date your case was dismissed:
Have you ever been convicted of any felony? (circle) / YES / NO
Did you successfully complete a pre-trial diversion program? (circle) / YES / NO
Was the arrest based on outstanding warrants? (circle) / YES / NO
Was a higher charge reduced to a Class C conviction? (circle) / YES / NO
Was the Texas Alcoholic Beverage Commission involved in the arrest? (circle) / YES / NO
Was the arrest related to a traffic accident? (circle) / YES / NO
Did the offense occur on Texas State University premises? (circle) / YES / NO
Did you receive a substance abuse evaluation as a condition of either personal bond or case disposition? (circle) / YES / NO
What agency transported you to jail? (circle) / Sheriff / City Police / DPS / TABC / UPD
On what type of bond were you released from jail? (circle) / Personal Bond / Surety Bond / Cash Deposit

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