District courts have jurisdiction for expunction
and non-disclosure of criminal records. This section deals with the policies and procedures to be used in the 506th
Judicial District Court in both Grimes County and Waller County for obtaining orders for expunction or nondisclosure of criminal
records. Expunction due to acquittal after trial is not included in this procedure. In the event of any conflict between
these instructions and the requirements of law, the requirements of law shall govern.
Chapter 55 of the Code of Criminal Procedure governs
expungement. Provisions for nondisclosure is covered under Texas Government Code Section 411.081, as well as Chapter
55 of the T.C.C.P.
An expunction or non-disclosure order
may be obtained by filing a petition alleging the necessary elements and presenting proof of those elements at the Court's
consideration of the petition. The petition should be filed in the court where the case was tried if it was a district
court, or in any district court in the same county of the trial court if the trial court was a lower court.
After the petition is filed, the court is required to hear the matter no sooner
than 30 days from the filing of the petition and, through the District Clerk, to give reasonable notice of the hearing to
each official, agency, or other entity named in the petition. The petitioner is responsible for paying the required notice
and filing fees.
After all notices have been
given and all time has passed, AND if no objections have been filed by any agency, one of three procedures may be used for
obtaining the Court's consideration of the Petition:
1) Petitioner may obtain the signed approval of the Assistant
District Attorney handling the case, and present the approved Order to the Court under an immediate submission;
2) after all required time has passed, Petitioner may use a
21-day Notice of Submission in order to have the Order approved; or,
3) Petitioner may obtain a hearing date from the Court Coordinator.
After all required notices have been
sent and the required return date has been met, consideration of the matter by the Court will be given. In the event any entity receiving notice of the petition files an objection, the
matter shall be set for hearing in the same manner as all other contested hearings in the 506th Judicial District Court. See Setting Requests here.
Click here to download Notice of Submission form