September 7, 2016

Asked 9/1/2016 – Houston, TX

I was arrested several years ago, and got a pretrial diversion so the charges were dismissed. However the arrest is still on record. Now I’m trying to expunge my arrest record (which I am eligible to do) but I would like to avoid paying a lawyer to file the petition for me, because doing so would cost several times more.

I have almost all information I need to finish the petition. I need to know which public agencies I should list to expunge records. There’s a list on the petition sheet (link at bottom) that has room for about 12 agencies.

Another lawyer I’ve contacted online said I should list the following:
-The Police agency of arrest
-Any jail I attended
-Dept of Corrections
-Probation Dept

5. Texas Bureau of Criminal investigation.

However on page 2/12 of the provided link, there’s an example list of agencies that includes about 15 different agencies. I want to ensure I don’t leave out any important agencies. If I do, can I go back later and include them?


texaslawhelp.orgfiles

Thanks
P.S. Arrested in Houston, TX

Answer

Notice of the petition for expunction must be provided to any agency that will be ordered to destroy records. The reason being: an agency has the right to file an objection to the granting of the expunction. If a particular agency is not listed in the petition and not given notice, they are exempt from the order and cannot be added later.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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