Clear a Criminal Record With a Petition to Expunge or Seal Built on Your State's Statute
Prepared by a licensed U.S. attorney
An expungement petition is the court filing that asks a judge to dismiss, seal, or destroy the record of an arrest or conviction. It names the case, shows that you meet the statute's eligibility rules and waiting period, is served on the prosecutor, and asks for an order the agencies holding the record must follow. Which relief you can get depends on the state and on how the case ended. We draft the petition, the supporting declaration, the proposed order, and, in Florida, the certificate of eligibility application. You, or your counsel, review, sign, and file.
The short answer
California dismisses convictions after probation (Penal Code 1203.4) and seals arrests that did not end in a conviction (851.91). Texas expunges arrests that ended without a conviction or court-ordered supervision (Code of Criminal Procedure chapter 55A) and hides many deferred and misdemeanor records with an order of nondisclosure. Florida seals or expunges only if you were never adjudicated guilty, and only after FDLE issues a certificate of eligibility.
PC 1203.4 · CCP 55A · Gov't 411 · 943.0585
Petition, declaration, proposed order, certificate packet
How to Expunge a Record: Six Steps From the Criminal History to the Signed Order
Learning how to expunge a record starts with the record, not the form. People often file for the one case they remember and miss an older arrest, a second county, or a deferred case that needs a different statute. Every state on this page treats the outcome of the case as the deciding fact: an arrest that was never charged, a dismissal or acquittal, a deferred or withheld outcome, and a conviction each take their own route.
One petition usually covers one case. Florida says so outright: a sealing order reaches one arrest unless the additional arrests directly relate to it and the order says so (Section 943.059(4)(c)). Plan one filing per case unless the statute lets you combine them.
- Step 01
Pull the full criminal history
Get the state record: the California Department of Justice RAP sheet, the Texas Department of Public Safety criminal history, or the Florida Department of Law Enforcement record, plus the court docket for each case. A petition that leaves out a case, or names the wrong code section, is the most common reason for a denial or a second filing.
- Step 02
Match each case to its statute
Sort every arrest and case by outcome: never charged, dismissed or acquitted, deferred or withheld, or convicted. Each outcome has its own statute and waiting period, and in Texas and Florida the outcome decides whether you get expunction, nondisclosure, sealing, or nothing.
- Step 03
Clear the waiting period and supervision
Confirm probation, parole, or supervision has ended and the waiting period has run. California 1203.4a requires one year after judgment; Texas misdemeanor nondisclosure under 411.0735 usually requires two years after the sentence is completed; Florida requires that you are no longer under court supervision.
- Step 04
Get the prerequisite document
Florida petitions must attach a certificate of eligibility from FDLE, which requires a certified disposition and, for expunction, a written statement from the state attorney (Section 943.0585(2)). Texas petitions must list every agency that holds the record with its address and e-mail (Article 55A.253(a)(8)).
- Step 05
Draft the petition, declaration, and proposed order
The petition pleads eligibility under the exact subdivision. The declaration, signed under penalty of perjury, supports the facts and any interest-of-justice showing. The proposed order lists what the court is ordering and, in Texas, every agency that must act.
- Step 06
File, serve the prosecutor, and attend any hearing
File in the right court, serve the prosecutor (and in California arrest sealing, the arresting agency), and appear if a hearing is set. After the order, send certified copies where the statute requires and check your record a few months later.
Expungement Eligibility and Waiting Periods in California, Texas, and Florida
Expungement eligibility comes down to three questions: how the case ended, whether the waiting period has run, and whether anything on your record disqualifies you. California is the most forgiving of the three for convictions. Texas expunges arrests that did not end in a conviction but, for convictions, offers only a misdemeanor order of nondisclosure unless there is a pardon. Florida is the strictest: a single adjudication of guilt anywhere in the state ends eligibility for sealing and expunction alike.
Texas renumbered its expunction law. The former Code of Criminal Procedure chapter 55 was replaced by chapter 55A, effective January 1, 2025 (H.B. 4504), so a petition that still cites article 55.01 is citing a repealed article. We draft to the current numbering.
| Case outcome | California (Penal Code) | Texas (CCP ch. 55A, Gov't Code ch. 411) | Florida (ch. 943) |
|---|---|---|---|
| Arrest, no charges filed | Petition to seal the arrest once the statute of limitations has run with no charge filed (851.91(a)(1)(A)); factual innocence petition to the arresting agency (851.8(a)) | Expunction if no charge is presented: 180 days after arrest for a Class C, 1 year for Class B or A, 3 years for a felony, or sooner if the prosecutor certifies the records are not needed (55A.052) | Expunction if no charging document was filed (943.0585(1)(a)), with an FDLE certificate of eligibility |
| Charges dismissed or acquitted | Petition to seal the arrest once the charge cannot be refiled, or after acquittal (851.91(a)(1)(B)); factual innocence finding after dismissal (851.8(c)) | Expunction after acquittal (55A.002), dismissal for a completed veterans, mental health, or pretrial intervention program, mistake, or a void charge (55A.053), or expired limitations (55A.054) | Expunction if dismissed, nolle prossed, or acquitted (943.0585(1)(b)) and never adjudicated guilty of any offense in Florida |
| Deferred or withheld outcome | Petition for dismissal after deferred entry of judgment (named on form CR-180) | Order of nondisclosure after discharge and dismissal: at once for most misdemeanors (411.072, 411.0725), 2 years for listed misdemeanors, 5 years for a felony (411.0725(e)) | Sealing (943.059); expunction only after the record has been sealed for 10 years if a plea was entered (943.0585(1)(h)) |
| Conviction | Dismissal after probation (1203.4), 1 year after judgment for a misdemeanor or infraction without probation (1203.4a), or 1 to 2 years after a felony jail or prison sentence (1203.41) | No expunction unless pardoned (55A.004). Misdemeanor conviction: nondisclosure when the sentence is done for fine-only, 2 years after for others, first offense, not violent or sexual (411.0735) | Not eligible for sealing or expunction if adjudicated guilty of any criminal offense in Florida (943.0585(1)(d), 943.059(1)(b)) |
| Automatic relief | DOJ grants relief monthly without a petition for many records from October 1, 2024, including felonies 4 years after supervision ends with no new felony (1203.425) | Courts enter the expunction order within 30 days after a trial-court acquittal on request (55A.201); some nondisclosures issue at discharge (411.072) | None under these sections. Every sealing and expunction starts with the FDLE certificate |
| Who must be told | Prosecutor gets 15 days' notice (1203.4(d), 1203.41(e)); arrest sealing is served on the prosecutor and the arresting agency 15 days before the hearing (851.91(b)) | Clerk sends the petition and hearing notice to every listed agency; hearing no earlier than day 30 (55A.254) | Copy of the petition served on the state attorney or statewide prosecutor and the arresting agency (943.059(5)(a)) |
California exclusions
Section 1203.4 does not apply to certain sex offenses against children listed in subdivision (b), to misdemeanors under Vehicle Code 42002.1, or to infractions. Section 1203.41 relief for a state prison felony is unavailable if the conviction requires sex offender registration.
Texas nondisclosure bars
No order of nondisclosure for a person ever convicted of or placed on deferred adjudication for a registrable sex offense, murder, capital murder, trafficking, stalking, and other listed offenses, or any family violence offense (Gov't Code 411.074(b)).
Florida ineligible offenses
Section 943.0584 bars sealing and expunction of a conviction, which includes a plea with adjudication withheld, for a long list of offenses, including murder, aggravated assault, domestic battery, stalking, burglary of a dwelling, robbery, and child abuse.
Sealing vs. Expungement: What Each Order Actually Hides, and From Whom
The debate over sealing vs. expungement is about who can still see the record. Florida draws the line clearly. An expunged record must be physically destroyed or obliterated by every criminal justice agency that holds it, except FDLE, which keeps a confidential copy available only by court order, and you may lawfully deny the arrest except in listed situations such as applying to a criminal justice agency (Section 943.0585(6)). A sealed record is confidential but still available to you, your attorney, and criminal justice agencies, including for firearm background checks (Section 943.059(6)).
Texas has the same split under different names. A final expunction order prohibits release or use of the records for any purpose and lets you deny the arrest and the order (Article 55A.401). An order of nondisclosure stops criminal justice agencies from disclosing the record to the public, and you need not mention the proceeding on an application for employment, information, or licensing (Gov't Code 411.0755).
California's "expungement" is a dismissal. Under Section 1203.4 the court lets you withdraw the plea and dismisses the case, releasing you from most penalties and disabilities. The record is not destroyed. Courts may not disclose a dismissed conviction except to you or a criminal justice agency (Section 1203.425(a)(3)), but the prior can still be pleaded in a later prosecution, and you must still disclose it when applying for public office, a state or local license, or a Lottery contract.
California sealing applies to arrests. Section 851.91 lets a person whose arrest did not result in a conviction petition to seal the arrest and related records, and Section 851.8 goes further for a person found factually innocent: the records are sealed and later destroyed, and the arrest is deemed not to have occurred. When a record qualifies for both routes, we draft for the stronger one.
Expungement Forms: CR-180 in California, Texas Petitions, and the Florida Certificate of Eligibility
Expungement forms exist in all three states, but they do different jobs. In California, Judicial Council form CR-180, Petition for Dismissal (revised January 1, 2024) covers Penal Code 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.41, 1203.42, 1203.43, and 1203.49, with a box for each route and space for the interest-of-justice explanation. Its companion, CR-181, Order for Dismissal, is what the judge signs. The form itself warns that your conviction may already have been dismissed automatically under Section 1203.425, and that filing may still help, for example to reduce a felony to a misdemeanor under Section 17(b).
Texas has no single statewide expunction form. The petition is a verified pleading that must include your full name, sex, race, date of birth, driver's license and Social Security numbers, address at arrest, the offense, the dates, the arresting agency, the case number and court, and the agency list, or explain why an item is missing (Article 55A.253). For nondisclosure, the Office of Court Administration prescribes a form for petitions filed electronically or by mail (Gov't Code 411.0745(c)).
Florida's gate is the FDLE application for a certificate of eligibility. Expunction requires a certified disposition, a written certified statement from the state attorney, and the statutory processing fee of $75 unless waived (Section 943.0585(2)). Sealing requires the disposition and the same fee (Section 943.059(2)). The certificate is valid for 12 months, and the court petition must attach it along with your sworn statement of eligibility.
A form is a starting point, not the argument
CR-180 gives a few lines for the interest of justice and invites an attached declaration (form MC-031). In a discretionary case, that declaration is the petition. Want the blank document to fill in yourself? Use our expungement petition template. Want it built from your record and your facts? That is what the drafting service is for.
Sample Petition for Expunction, Annotated Paragraph by Paragraph
Below is the skeleton of a Texas ex parte petition for expunction for an arrest where no charge was ever filed, with what each paragraph must do. Bracketed text is a placeholder. The same anatomy, eligibility, facts, notice, and relief, runs through every petition we draft in every state.
CAUSE NO. [__________]
EX PARTE [PETITIONER NAME] · IN THE DISTRICT COURT, [COUNTY] COUNTY, TEXAS
VERIFIED PETITION FOR EXPUNCTION
[1]Petitioner files this ex parte petition under Code of Criminal Procedure Article 55A.251 in the county where Petitioner was arrested.
[2]Petitioner: [full name], [sex], [race], born [date], driver's license [number], Social Security number [number], address at arrest [address].
[3]On [date], [arresting agency] arrested Petitioner in [city], [county] County, for [offense], a Class [B] misdemeanor alleged to have occurred on [date], case [number].
[4]No information or indictment has been presented, Petitioner has been released, and more than one year has passed since the arrest. Petitioner is entitled to expunction under Article 55A.052(a)(2).
[5]The following officials, agencies, and entities have records subject to expunction: [agency, physical address, e-mail], each listed once.
[6]Petitioner asks the Court to set a hearing, give notice to each listed entity, and order all records and files relating to the arrest expunged.
[Signature] · [Verification under oath]
[1] Venue and authority
Article 55A.251 allows filing in a district court of the county of arrest or of the alleged offense. A fine-only offense may go to a justice or municipal court of record (55A.252).
[2] Identity block
Every item in Article 55A.253(a)(1) must appear, or the petition must say why it does not. Agencies match records on these fields.
[3] Arrest facts
Offense, offense date, arrest date, county, city, agency, case number, and court. Pull them from the record, not memory.
[4] The entitlement
Plead the exact subdivision. The waiting period for a no-charge arrest is 180 days for a Class C, one year for a Class B or A, and three years for a felony (55A.052(a)). An absconder loses this route (55A.154).
[5] Agency list
Required by 55A.253(a)(8), including private background-check companies. No agency may be listed twice (55A.253(b)).
[6] Relief and hearing
The court sets a hearing no earlier than day 30 and notifies each listed entity (55A.254). A proposed order with the same list goes with the petition.
What an Expungement Lawyer Does, Which Cases Need a Hearing, and What We Draft
An expungement lawyer does four things: reads the full criminal history and every disposition, picks the statute each case qualifies under, drafts and files the petition with its declaration and proposed order, and appears if the prosecutor objects or the court sets a hearing. Most of that work is documents. None of these three states requires a lawyer to file: California lets the petitioner apply "in person or by attorney" (Penal Code 1203.4(a)(1), 1203.41(a)(5)), and Texas and Florida petitions are filed by the person seeking relief.
Where a lawyer earns the fee is the contested case. In California the prosecutor must have 15 days' notice and may appear and object; if the prosecutor is served and does not object, it cannot later appeal the grant (1203.4(e)). Relief under 1203.41 is always in the court's discretion. A factual innocence petition under 851.8 is decided at a hearing where you carry the first burden. In Texas, an expunction always goes to a hearing set no earlier than day 30, and a nondisclosure petition needs one unless the state does not ask within 45 days and the court finds you entitled (Gov't Code 411.0745(e)). Florida sealing is in the court's sole discretion (943.059(4)(e)), and the state attorney and arresting agency may respond.
We are a drafting service, not a law firm. We draft the petition, the supporting declaration, the proposed order, the Florida certificate of eligibility application, the Texas agency list, and any reply to an objection. You file them yourself, or hand them to a lawyer who reviews, signs, and appears. Defense attorneys also use us to build the package for their own clients.
The Expungement Papers We Draft, From the Petition to the Proposed Order
A petition for expungement succeeds or fails on the fit between the record and the statute. Each paper below is drafted to the code of the state where the case was decided. Cases in other states are drafted to that state's own statute, confirmed before work begins.
Petition for Dismissal, Expunction, Sealing, or Nondisclosure
The core pleading, built on the exact statute: a California petition under Penal Code 1203.4, 1203.4a, or 1203.41 (on form CR-180 where the court uses it, or as a pleading with attachment), a California petition to seal an arrest under 851.91, a Texas verified ex parte petition for expunction under Article 55A.251, a Texas petition for an order of nondisclosure, or a Florida petition to seal or expunge.
Use it whenYou know which case you want cleared and the waiting period has run.
Supporting Declaration and Interest-of-Justice Statement
The sworn statement that carries the facts: completion of probation, employment, schooling, treatment, family, and why relief serves justice. California's discretionary routes (1203.4 early relief, 1203.41, the 1203.4a alternative) are decided on this showing, and Florida requires a sworn eligibility statement where a false statement is a third-degree felony (943.0585(3)).
Use it whenRelief is discretionary, or the prosecutor is likely to object.
Proposed Order
The order the judge signs: CR-181 or a custom order in California, a Texas expunction order listing every official, agency, and private entity that must return or destroy records, or a Florida order that names the arrest, the agencies, and, where the court intends it, any related arrests (943.059(4)(c)).
Use it whenEvery petition. A clean order is what the agencies actually act on.
Florida Certificate of Eligibility Application Packet
The FDLE application with its supporting pieces: the certified disposition, the request to the state attorney for the written certified statement that expunction requires, and the cover letter. The statute requires a processing fee of $75 to FDLE unless waived (943.0585(2)(a)4.).
Use it whenYour case is in Florida. Nothing can be filed in court until the certificate issues.
Texas Agency List and Notice Package
The list of every law enforcement agency, jail, court, prosecutor, central depository, and private background-check company with physical and e-mail addresses, each listed once, as Article 55A.253 requires. Agencies that cannot take e-mail cost a clerk's fee per entity (55A.254(f)), so the list is worth getting right.
Use it whenYou are filing a Texas expunction and want every copy of the record reached.
Proof of Service and Response to an Objection
The proof of service on the prosecutor that starts California's 15-day notice clock, and, if the prosecutor or arresting agency objects, a written reply that answers the objection with the record. In a California factual innocence petition under 851.8, the reply carries the burden-shifting showing.
Use it whenThe prosecutor has been served, or has filed an opposition.
A job offer or license application waiting on your record?
Send the criminal history and the case papers. We return scope and a delivery date in one business day, drafted to your state's statute.
What an Expungement Will Not Do: Federal Convictions, Firearms, and Disclosure Duties
Federal convictions
A state petition reaches only that state's records. There is no general federal expungement statute, so a federal conviction generally cannot be expunged, and a presidential pardon forgives the offense without erasing the record.
Other states' records
Each state clears its own cases. An arrest in Texas and a conviction in California need two filings under two codes.
Firearm rights
A California dismissal does not let a person own or possess a firearm if the conviction otherwise bars it (1203.4(a)(2), 1203.41(b)(3), 1203.425(a)(4)(E)). A Florida sealed record stays visible for firearm background checks (943.059(6)).
Disclosure duties
After a California dismissal you must still disclose the conviction on applications for public office, state or local licensure, and Lottery contracts, and in a later prosecution the prior counts (1203.4(a)(1)). A Florida expunged record must still be acknowledged when applying to a criminal justice agency (943.0585(6)(b)).
Protective orders
A California dismissal does not end an unexpired criminal protective order issued in the case (1203.4(a)(4), 1203.41(g)).
Driver's license records
Texas expunction does not reach license suspension or revocation records except as the Transportation Code allows (55A.152).
How We Draft Your Expungement Petition, and Who Signs and Files It
Send what you have. We will tell you what is missing. Upload everything through the secure matter portal, never as e-mail attachments.
- 1Your state criminal history (California RAP sheet, Texas DPS record, or FDLE record), even if you think you know what is on it.
- 2The case number, court, county, and filing date of each case you want cleared.
- 3The charging document and the final disposition: judgment, dismissal, acquittal, deferred adjudication order, or order withholding adjudication.
- 4Proof that probation, community supervision, or the sentence ended, including any early termination order.
- 5Payment records for fines and restitution. In California an unpaid restitution order is not grounds to deny a dismissal (1203.4(c)(3)), but the court will still ask.
- 6For Texas: every agency you know touched the case, including the arresting agency, the jail, the prosecutor, and any background-check company that has reported it.
- 7For Florida: a certified copy of the disposition and the state attorney's written statement if you are seeking expunction.
- 8What you have done since: employment, school, treatment, military service, volunteer work, and letters from people who can speak to it.
- 9The reason you need relief now: a job offer, a license application, housing, or immigration counsel's request.
You send the record and the case papers
Upload your criminal history and the disposition for each case through the secure matter portal. We confirm the state, the court, and which statute each case falls under.
We map every case to a route
Each case is sorted by outcome and checked against the statute's eligibility list, exclusions, and waiting period. If a case does not qualify yet, we tell you the date it will.
We return scope and a delivery date in one business day
A written scope lists each paper: petition, declaration, proposed order, and any Florida certificate packet or Texas agency list.
We draft, you review, we revise
Every paragraph cites the subdivision it relies on. You check the facts, and we revise until the record and the petition match exactly.
You or your counsel sign and file
The papers are ready to sign, file, and serve. If the prosecutor objects, we draft the reply.
Legal Tank
- Reads the criminal history and every disposition you send.
- Matches each case to the statute and waiting period.
- Drafts the petition, declaration, and proposed order.
- Drafts the FDLE packet, the Texas agency list, and any reply.
You or your counsel
- Decide whether and when to file.
- Review, sign, and verify the petition.
- File with the court and serve the prosecutor.
- Appear at any hearing.
Need a different post-judgment filing? See motion drafting, or custom court document drafting for anything not listed here. If a court denied relief and you want to appeal, see appellate brief drafting. Attorneys who need eligibility research across many client files can use legal research services.
Questions People Ask Before Filing an Expungement Petition
What is a 1203.4 petition?
Is sealing better than expungement?
Can a felony be expunged after 7 years?
Can I get a conviction removed from my record?
How long does it take to erase a criminal record?
What disqualifies you from expungement in Florida?
This page explains the statutes and what we draft. It is not legal advice about your case, and Legal Tank does not represent you in court.
Get the Petition Drafted to the Statute Your Record Qualifies Under
Send your criminal history and the case papers, and we will scope every paper you need to clear the record in your state. We return scope and a delivery date in one business day, and the draft comes back for you or your counsel to sign and file.
Quotes return same business day on intakes received before 5 PM ET
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