Texas Court Forms For Juveniles (Page 6 of 39) in pdf

FAILURE TO ATTEND SCHOOL: NOTICE OF EXPUNCTION RIGHTS (Arts. 45.054(e) and 45.055, C.C.P.)

CAUSE NUMBER: _______________

STATE OF TEXAS

IN THE MUNICIPAL COURT

VS.

CITY OF __________________

_____________________

_________ COUNTY, TEXAS

NOTICE OF EXPUNCTION RIGHTS

FAILURE TO ATTEND SCHOOL PROCEEDINGS

ATTN: DEFENDANT AND PARENT:

Pursuant to Article 45.054(e), Code of Criminal Procedure, upon the commencement of Failure to Attend School proceedings, the

Court must inform the individual who is the subject of the hearing and the individual's parent in open Court of the individual’s

expunction rights and provide the individual and the individual’s parent with a written copy of Article 45.055, Code of Criminal

Procedure, which reads as follows:

Art. 45.055. EXPUNCTION OF CONVICTION AND RECORDS IN FAILURE TO ATTEND SCHOOL CASES

(a)

Except as provided by Subsection (e), an individual convicted of not more than one violation of Section 25.094, Education Code, may, on

or after the individual's 18th birthday, apply to the court in which the individual was convicted to have the conviction and records relating to the

conviction expunged.

(b)

To apply for an expunction, the applicant must submit a written request that:

(1)

is made under oath;

(2)

states that the applicant has not been convicted of more than one violation of Section 25.094, Education Code; and

(3)

is in the form determined by the applicant.

(c)

The court may expunge the conviction and records relating to the conviction without a hearing or, if facts are in doubt, may order a hearing

on the application. If the court finds that the applicant has not been convicted of more than one violation of Section 25.094, Education Code, the

court shall order the conviction, together with all complaints, verdicts, sentences, and other documents relating to the offense, including any

documents in the possession of a school district or law enforcement agency, to be expunged from the applicant's record. After entry of the order,

the applicant is released from all disabilities resulting from the conviction, and the conviction may not be shown or made known for any purpose.

The court shall inform the applicant of the court's decision on the application.

(d)

The court shall require an individual who files an application under this article to pay a fee in the amount of $30 to defray the cost of

notifying state agencies of orders of expunction under this article.

A court shall expunge an individual’s conviction under Section 25.094, Education Code, and records relating to a conviction, regardless of

(e)

whether the individual has previously been convicted of an offense under that section, if:

(1)

the court finds that the individual has successfully complied with the conditions imposed on the individual by the court

under Article 45.054; or

before the individual’s 21st birthday, the individual presents to the court proof that the individual has obtained a high

(2)

school diploma or a high school equivalency certificate.

ISSUED AND RECEIVED BY THE UNDERSIGNED:

_______________________________________________

Signature of Municipal Judge

Date

_______________________________________________

Signature of Defendant

Date

_______________________________________________

Signature of Parent

Date

(municipal court seal)

JUVENILES 08/13

TMCEC 2013 FORMS BOOK

198

Texas Court Forms For Juveniles Page 6

Related Articles

Related forms

Related Categories