Application For Identity Theft Expunction In Collin County printable pdf download

Obtaining an Identity Theft Expunction in Collin County

If you have a criminal record as a result of having your identity stolen, you may be

eligible to expunge that record under Article 55.01(d) of the Texas Code of Criminal

Procedure. To be entitled to an expunction under this section, you must show that

another person falsely identified himself with your information during an arrest without

your consent. An expunction under this section will remove your name, birth date, social

security number, or other identifying information from the arrest record. To obtain an

expunction under this section, you must submit an application to the Collin County

Criminal District Attorney’s Office.

The ability to obtain an expunction through the District Attorney does not apply to

the following situations:

• Mistaken arrest: An identity theft expunction only applies if another person

is arrested and falsely uses your identifying information. If you are the

person arrested—even if you were only arrested by mistake or a false

accusation—you cannot obtain an identity theft expunction.

• Misidentification by permission: To obtain an identity theft expunction, you

must provide a sworn statement that you did not give the arrested person

consent to use your identifying information. If you gave someone

permission to use your ID or your information, then you cannot get your

information expunged from their record.

• Misidentification by accident: If two persons with the same name are born

on the same day and only one has a criminal history, the other person does

not have a right to have the criminal history expunged. The arrested person

must purposely use your identifying information—such as social security

number or address—for you to be entitled to an expunction.

• Regular expunctions: The District Attorney is only permitted to file

expunctions where authorized by law, such as for identity theft. If you

were charged with a crime and later acquitted or had the charges dismissed,

you may be eligible for a regular expunction. You must contact an attorney

or proceed on your own behalf. The District Attorney cannot provide any

legal advice in such cases.

If you believe you are eligible for an identity theft expunction, you must submit an

application with the following information:

1. Your identifying information: Full name, sex, race, date of birth, driver’s

license number, social security number, and address at the time of the

arrest;

Application For Identity Theft Expunction In Collin County