Michael
State of 

# rt-1-;**~**

# -o5 Certified Number**~~XIX~~~~X~~~XXXX~XX~XX~** USPS Tracking**·~R.wn:n¥DDBO~KRK** In The Court of Criminal Appeals of Texas at Austin,Texas Christpher Wade 

### § In The 336th Judicial



### Vs Texas 

### § District Court of 

### § Grayson County,Texas §
Motion for Leave to File Application for Mandamus 

### RECEIVEDIN COURTOFCRIMINALAPPEALS 

## NOV16

## 2015

To The Honorable Court of Criminal Appeals Texas. Now Comes Michael Christopher Wade, Relator Complaining of Grayson County Texas, Pursuant to Rule 211. of the Rules of App- -ellate Procedure in Criminal Case's. Moves This.Court to Grant This Applicant Leave to File This Application for Writ of Mandamus Tend- -ered Contemporaneously with this Motion. Applicant Prays that The Motion be Granted.The Said Application
I 

### for Mandamus be filed and Set down for a Hearing that relief Request- -ed be GranJed and for Other Relief, General and Special Including a Stay of tJe Proceedings Below, Until the Matters Complained of

## iri~ Said Application are Cured.

Certificate of Service

## Respec~f/**Sub~~­**

# ~/~,q££ ( 

### ··- Michael C.Wade Relator Pro-Se

I Hereby Certify that a Copy of The Above Motion for Leave to File Application for Mandamus, was Mailed to the Appeals of Texas. P.O.Box 12308 Capitol**St~tion,** 

### on This 10 th ,Day of November 2015. Page 1 Court of Criminal Austin,TEX 78711

# -"'.r-/--r~--~~Number



# -------------------------------

In The Court of Criminal Appeals of TEXAS at Austin,Texas.
Michael Christopher Wade 

### § 

### Vs. 

## § State of Texas, 

### § Grayson County Judge Presiding, 

### § County District Clerk. 

### § (In The Offical Capacity) 

### § In The**~36th** Judicial District Court of Grayson County,Texas 397th District Court.

Application for Writ of Mandamus
To the Honorable Court of Criminal Appeals of TEXAS.
Now Comes, Michael Christopher Wade Applicant and Ask this Court to Issue a Writ of Mandamus to; District Court of Grayson,Texas to Require the Respondent Describe Relief Requested and in Support of This Application would Show the Court the Following;
I. Applicant was Tried for the Offence of Violation Section 31.03 I (e)(4)(a). Texas Penal Code THEFT $1.500 

## < $20 K. In a Case Styled, The State of Texas Vs. Michael Christopher Wade No# 046500. In The 336th Judical Disrict Court of Grayson County. The Indictment was Filed in the 336th Judical District Court, which at the Time Relator I

. was Indicted had Jurisdiction Over Proceedings Arising from Both Fannin and Grayson Counties. SeeAct of May/17/1985,69th Leg.R.S.Ch 408 

## § 1 Sec 24.482 in 2007. The Legislature Limited the Jusisdiction of the 336th Judicial District to Fannin County. See Act of May/28/ 2007. 80th Leg R.S.Ch 1342 

### § 1 (a) Sec 24.542. 2007 Current Version at Tex Gov't Code Ann 

### § 24.542. The Legislation Creating The 397th Judical District and Changing the Territorial Limits of the 336th Judicial District Directed that Case's from Grayson County that were Pending in the 336th on January/1/2010 be Transfered to the 397th District Court and Allowed the Transfer

page 2(1. 

### ( 2 . (3. (4.
(5. of any Case's from Grayson County Pending on or After September/15/ 2008 to the 397th. Act of May/28/2007. 80th Leg R.S. Ch1342 

### § 1(h) sec 24.482,2007 Tex.Gen.Laws.4563. on the 28th Day of February 2000 Cause No# 046500. was Called for Trial. Christopher Wade Pleaded, Not Guilty. The Jury Found the Defendant, Not Guilty of Violation Sec 31.03 (e)(4)(a) Texas Penal Code Theft $1.500 

## < $20 Kas Charged in the Indictment. See Attached Documents; EXHIBIT (A) EXHIBIT (B)
EXHIBIT .(C)
EXHIBIT (D)

EXHIBIT (E) Judgement in Cause Number# 046500 [Not Guilty]. Petition Filed; petition for Expunction of Records for Cause Number 046500,August/20/2015. Petitioner Responded to Shelana Brinkley, To the Disrict Court 397th. 9/28/2015. A Follow Up Letter was Mailed to the.Clerk Requesting that the Orignal Petition for Expungment is filed so a Honorable Judge can Rule on the Petition, 10/15/2015. Attached is Affidavit of Indigency,With Proof Trust fund Account Bal $0.09 Cents.
II. Request for Relief RelatorjRequest in this Application that this Court Direct Re- -spondent to file and Rule on Orignal Petition for Expunction, That was Filed August/20/2015. Expunctions are a Right, Rather a Honorable Judge Grants or Denies the PetitioJ, A Court Clerk has a Duty to File Pleadings so a Pre- -siding Judge May Preform his Duty. There Should be a Hearing and a Ruling,Rather a Relator is Indigent or Not. This County is Abusing it's Authority Denying Access to the Courts Presiding Judge. If the Orignal Petition to Expunge Record.was Denied, The Next step would be The Right To Appeal.
III. This Court has Jusisdiction to Consider this Application Pursuant to
page 3

### Art.55 of the Texas Constitution and Artical 4.04 of the Code of Criminal Procedure See Padilla V.McDaniel 122.S.W.3d 805,807(Tex. Crim.App.2003); Holmes V.Denson 671. S.W.2d 896(Tex.Crim.App.June. 27.1984). IV. Authorities and Argument In Writ of Mandamus have Held that a Trial Court has a Minis- -terial Duty to [TIMLY] Rule on; Expunction of records. See Heine V. Texas DPS 92 S.W.3d 642,649(Rex.App.Austin.2002)Pet Denied.The Trial Court is Required to set a Hearing on a Petition for Expungment. Individuals who are Incarcerated,Do Not Automatically Loose Their Access to the Courts, As a Result of their Incarcerated Status.

,- 

### The Right to Expunction is a Statutory Privilege. TEXAS Code of Crim- -inal Procedure Art 55.01 Right to Expunction (a) APerson who has been Placed under a Custodial or NonCustodial Arrest for Commission of Either AFelony or Misdemeanor is Entitled to have ALL RECORDS and FILES Relating to the Arrest Expunged If; 

## (1). The Person is Tried for the offence for which the Person was Arrested and is: (A). Acquitted by the Trial Court. See, EXHIBIT (A) Judgement Number# 046500. We The Jurylfind the Defendant, MICHAEL CHRISTOPHER WADE Not Guilty of Violation Section 31.03 (e)(4)(a) TEXAS Penal Case Theft $1.500 

## < $:'20K as Charged. There is NoiReason why Relator Cannot Receive ACourt Order to Expunge the Records. That is a Statutory Privilege. Tx.Code.Crim.Proc.55.01 and 55.02. Once a petition Arives to a Court, The Clerks Duty is to Place on Dockett Call as of there own Ommission, The Petition was filed, August/20/2015. Violating the 30 Day Rule for Expunction of Records· It is the Courts Duty. TEXAS DEPARTMENT of PUBLIC SAFETY V. Deck. 954 S.W 2d.108(Court of appeals of Texas.1997)
I 

### Clerks Duty 2.01 is to File Motions/Petitions. In RE Taylor 39 S.W. 3d 406,414(Tex.App.Waco.2001). and Re Salazar 134.S.W. 3d 357,358 (Tx. iWaco-

### 200;3)_. page 4The Respondent in there Capacity as District Clerk of Grayson County Texas. Has and Presiding Judges has a Ministeral Duty to Receive and file Papers in Criminal Proceedings or Civil and Perform All Other Duties Imposed on the Clerk by Law, Pursuant to TCCP.Art.2.21 Appear- -ing the Orignal Petition for Expungment of Records,Was Not Set for Doccett Call. To Date the Orignal Petition has Not Been Viewed or Ruled om the "MERITS" That Relator is Entitled-to.- Mandamus is Avalable to compel Action on the Part of those Charged with a Positive Duties by Virtue of Their Offical Position. Hogan V. Turland 428.S.W.3d 316(1968). There are Generally Three Reqursities for a Writ of mandamus.A Legal Duty to Preform, A Non-Discretionary Act, A Demand for Performance and a Refusal to Preform. See Bantuelle V Renfroe 620 S.W.2d 635 (Tex.App.Dallas.1981).Writ,Red.D.N.RE; The Court of Criminal Appeals Stated IN; Texas Board of pardons and Paroles V.Miller 590.S.W.2d 142(Tex.Crim.App.1979).Entitlement to a Writ of Mandamus,Must be shown to be Clear and Indisputable, Unequivocal,Abundantly Clear. Knowles V. Scofield 598.S.W.2d 854,860(Tex.Crim.App.1980)._ Relator Shows that the Act Sought _to be Compelled is Strictly Ministerisal in Nature and There is No Adequate Remedy at Law to Redress the Alleged Harm. See Aranda V.Dist. Clerk 207 S.W.3d 785,786(Tex.Crim.App.2006)(Per Curiam)(Orig Proceedings). In Proper Case's Mandamus May issue to Compel a Trial Court to**''ACT~** In RE Blakeney 254 S.W.3d 569,66l(Tex.App.Texarkana.2008)(0rig Pro- ' -ceedings) ; also See Elilily

## &Co.Marshall 829 S.W.2d 157,158(Tx. 1992). Trial Court Abuses Discretion by Refusing to Conduct Hearing and Render Decission on Petition for Expunction of records. Chiles V. Schuble 788fS.W. 2d 205,207(Tex.App.Houston.14th.Dist.1990). Mandamus Appropriate Remedy to Require Trial Court to Hold Hearing and Exercise Discretion. Trial Courts are Not Required to Consider or Rule on Petitions unless the Petition is Called to the Courts Attention. Blakeney 25 S.W.3d. at 662 Relation Called Future Delay to Respond to the Petition as Shown in EXHIBITS ATTACHED. Pursuant to Statutory Law, A Right has Been Shown in Exhibit(A) Not Guilty,and Attached Indigency Statues, The Court Should Still file the Petition. Mandamus Relief Should be Granted, Relator has Demonstrated that (1) The Act Sought to be Compelled is Purely Ministerial and (2) The**rela~** page 5-tor has No other Adequate Legal Remedy. Court of Criminal Appeals Defined the Ministerial Act Requirement to be One in which The re- -lators, has a Clear and Disputable Right to the Relief Sought and the merits of it's Legal Position are Beyond Dispute. See Neveu V. Culver 105 S.W.3d. 641,642(Tex.Crim.App.2003)(Citing State Ex Rel Rosenthal V.Poe 98 S.W.3d 194,198(Tex.App.2003) Also State Ex.Cel trkos V.Fine 330. S.W.3d 904,907{Tex.Crim.App.2011). All Requirements have been Met Under Tex.R.App.P.52. 3(K)(1)(a) In Exhibits (A)(B)(C)(D)(E). The Trial Court has to Rule on Original Petition for Expungment. 

# v. (1. Relator has No Other Legal Remedy Available to him Other than this Application for Mandamus. (2. This Action Sought is under the Facts of this Case, In Essence A Mere Ministrial Act. Which Respondent has a Legal Duty to Preform. (3. Relator has Properly Requested Respondent to Preform which Respondend has Refused to Answer Petition for Expungment and Formal Requests. [EXHIBITS ATTACHED] Are Exactly What was Filed in the Court. Wherefore, Premises Considered, Relator Prays that this Application be Granted and that Respondent be Ordered to Rule on the Petition to Expunge Records.

# Res~ Applicant Pro-Se

page 6

### STATE OF TEXAS
Affidavit Verfication
Before Me The Undersigned Authoroty on this Date Personally Appeared Applicant who Upon Being Dully Sworn, Did Dispose and State; My Name is Michael Christopher Wade (Relator) Who States for the Record," That The Documents are Verified Fact and Petition Presented are True and Correct. Proof of Service to All Parties, Affidavit of Indigency are Attached and Judgement. Respectfully Submitted

# -~at? Relator Pro-Se

Under Penitlies of Perjury 28 USC 1746. Tx.Civ.Prac 

### &Reme. Code.Ann § 132.001(a) (West.Supp.2014). Subscribded and Sworn to Before Me the Undersigned Authority by said Applicant, on this 

# /Oth day of November,2015. 

### i

page 7

### AFFIDAVIT IN SUPPORT: PROOF OF SERVICE TO ALL PARTIES The right to Expunction is a Statutory Privilege, All Provisions Have Been Met. The Right to Expunction ART 55.01 The Trail Court is Required to Set a Hearing on petition for Expunction SEE Heine V.Texas D.P.S. 92 S.W.3d 642,649(Tex.App.-Austin 2002).**T~e** 

### Expunction Statue Artical 55.01 ET.Seq of the TEXAS Code of Criminal Procedure does Not Require that the Law Enforcement Agencies be Served with the Expunction Petition Concevably Because an Expunction hearing is an Exparte Proceedings. See Barry P.Helft and John M.Schmolesky, Teaxs Criminal Practice Guide 

## § 11.03[1] (1996). However, The Statute does compel the Court to Notify the LAW ENFORCEMENT AGENTIES LISTED IN THE EXPUNCTION PETITION OF THE EXPUNCTION HEARING. The Court Shall Set a Hearing on the Matter No Sooner that 30 Day's from the Filing of the Petion [AND SHALL GIVE REASONABLE NOTICE OF THE HEARING TO; Each Official or Agency or other Entity Named in the Petition by Certifyed Mail,Return recipt Requested
....]. TEXAS.CODE CRIM.PROC.ANN.ART**5.~.(>2** § 

### 2(:Vernon.supp.1997). The Procedure Listed in artical 55.02 are Mandatory. This Court Has Jurisdiction because this Agency is the Arresting Agency, ByGrayson Courity

## Sher~ffs Department,Sherman TEXAS
. Which involks Jurisdiction by Complying with ART**55.02~** 

### It is up to the Clerk to Notify all Parties at this time,Michael C**=-h~r=-i~s-=-t~o-t=:p..uh..liie~r____,ll;W~..,~;~au..d~..,~;e;__**

### __**,~espectfully** 

### request; All parties to be served. Pursuant to Texas Rules of Civil Pr6cedure 

### &title 6 Chapter 132 of the Civil Pratice and Remedies code under Penalty of Perjury, Excuted on this 10th day.of.Novembei:' 2015.
RESPECTFULLY

page 8 :.1

### ORDER

On This Day Came on to be Heard the Forgoing Applicant for Writ of Mandamus and it Appears to the Court that the Same should Be:

GRANTED



## --------
It is therefore Ordered That the Custodian of Records Should Photo Copy and Mail to Applicant In the Interest of Justice.
Signed on this The 

### 2015. _________Day of
____________ __

Honorable Judge Presiding

### 'EXHIBIT (A)



### .:·,,**.NO.~** THE'STATEOP'IJ!XAS • 

### vs.. • MICBAiiLCIDJSTOPJII!R.WADE • JUDGMENT Mar 17 '00 11:45
_ P.Oi

### -~**~r**

INTHE336THJUDICIAL 

### DJSl1UCtCOUJtT

### Of GMYSONCO'UNTY,'tEXAS

oatldatbs2801day**o~.**2000,tbis

### cause\VB8cilledfOrtltBI.8llddieState**~** bybar.Coml2y**~.**sadlboDelimdam. M1QIAELOIRJSTOPHBR W

AJY/J., eppeBNillDpersoa. hisOIIUDIIf.

. ClU!TALYNNCAR1liRIL. also.

### beiDa 

### P-cmt. adbolbpaztiaaaJIJIOimCCid.nady1br

### !liaJ.aDdCh8 De!atdaD.f, MiaiAEL CHJUSTOPHER-W ADB.illopeaccmrtpltallcdactplttytotbe

### clwaoCftldl!ludIalhe

### I~heteill;lhertlupou,aJ\JlY,to-wit

# I (b)(7)(Cl
. ..

### ~elovaz(11)vthcn. weredulyAlcacil,impaJiftled,adr;wvaa.'IYhO,hariqhard**tho·imli~**read.mdlhe**~·**ploaof!lot**BJ~lb1.1hcmo.**

### ·abPiDg1tean1fba**m~**Sldlmf1ted.IIIII bavlugbeat4v.1ydl8lpd11)'cheCourt.n:tlnidiDdlarpof thlPl'OJIIII'o!lcartoOODiicler oftbeitWld1ct,.adaPurwardwerellruvPliiiiOopeacourtbyU.pcoperoJScer..the DeteadauladhJ5COIIIIIS1bqpruat,eadla

### cutbiUIoflltwraunsedintocpclcomt thotbltowlq'lad1cl,wbicbwaniCOMIClby

### e.enst.IIDdisheNltOWClltlltoclapcmtho MiDutllsoftheOMut.to-wit: "We.Olejury,fladlhedc:h4tml,NJQfA8LCDUSTOPHD.WAD!,DOtguiby ofVIolale$ccdoa31.03(e)(4)(A)TwasPelfalCodeTHBPT>4l,SOO<SlUK.aacbarpd 1olho

### IDdidmcaL~

### I I I. I
Defl:ndanl.MialABLQDJSTOPHBRWADE.beimmaJisbdydlslo!lalpdhmall fl<bc:rliaRiityllpOIItbecbarpforwblchbe

..blniD
....

### aitd.Uii;Chalhe

### evbaco

••••• :. • • • • • • 0 • \ • :r wi1bout

### clcJar. SIONeJ)

### /tNDBNTBRBD

### uda**~oJlb.xb,**%COO. • •

# ~FUJI~" .

# ~<fjt:L ODIIR-6 AHUr38 

### ,_fl'clidlal

### CJI,\u~jP-R GRAYSONCOUHTY 

### EXHIBIT(A)

EXHIBIT(A)"'''.Ln.L.l......... ...,...,.,tw&.\&;1.1.



## ...........,.,.;,..**(~.J36Th** 

### District Court

' • • • l. 

### Wade, Mike**~Disposed** 1346

### Woodbridge 

### ex Chesterfield,Mo 63005 Filed: 09/.J.S/1999. 

### Date

02/26/99

02/28/00 02/28/00 02/28/00 

### Charge Information (23990004) 

### State Felony Theft >=$1,500 <$20R Disposition Information 

### Sentence Commensed Sentence Imposed Disposed: Jury**~rial** 

### Not Guilty JuryTrial: Yes 

### Defen$eAttorney Carter II., 

### Creta Lynn 

### Volume Page

57J 19

Fl-Exit F8-Next

\.(B) 

### CAUSE NUMBER,
______________ _ EXHIBIT(B)

# 7{;-~tr? (\

# 1)\)~ 0,1 

# 'j
Exparte Michael Christopher Wade § § § § §

## ~'

## ~ \':J

.

## ~~.v 

# tt,**~** In the 336th Judicial (

## 4;\.
c:fo.

# :../~ District Court of "--- Grayson County,Texas



### PETITION FOR EXPUNCTION OF RECORDS



# .•. 

### To The Honorable Judge of said Court; Comes Now, Michael C.Wade, Appering Pro-Se and Petitons This Court to Order the Expunction of ALL RECORDS and FILES Arising out of Petitioners Charge, IN THE 336th Judical District Court of Grayson County,Texas. Cause Number 

### # 046500 and in Support of this Petiton would show the Court the following;
I 

### Petitioner is a white Male whose Full Name is,**Micha~l** 

### C.Wade. Petitioner was born on December/30/1966 and his Social Security 0 Number is 420-90-1726. II 

### JURISDICTION

...P.e.t.it.ione.r Involks. Jur.isdict.ion of .the Court by Complying· with

' ' ' 'I '4 ".1**~,** If 

### Artical 55.01'ffind artical 55.02 Tex.Code of Criminal Procedure. I • 

### Requesting an Order of Expunction for Records and files for Cause# 046500 Formal Arrest was Made By f:i'.,.:€::.·6.;:6 ·Grayson 

### County,Texas. Grayson co Shriffs Office. III Affidavit of Indigency Declaration of Inability to pay cost is Attached on the page i 

### of this Petition. Petitioner Moves this Court to Proceed, UNDER Indigency Status.

page 1IV
On Feb/26/1999 Petitioner was served with a copy of the Indictment/Information in Cause 

### # 046500. In Lieu of Formal Arrest or By**Arrest,G~C.Shriffs** Petitioner was Charged with Committing the Offence of theft $1.500 

### < $20.000 Felony. On Feb/26/1999 and Cause Number 

### # 046500 was filed Against
_ Petitioner in the County Court of Grayson County,Texas. 

# * Arrical 55.01(a)(2) to be entitled to Expunction**wh~n** Criminal Charges are Dis-Missed. 

# * Artical 55.01(a)(ii) Indictment Dis-Missed. Part(b) the Charge Did Not Result in a Final Conviction. 

# * Tex.Code.Crim.Proc.Ann.Art 55.01(a)(2)(Vernon Supp 2003).**~The** Right to Expunction is 

### a Statutory Privilage. In RE A.R. 225. S.W.3d 643,646(Tex.App-El Paso 2006 no pet). Artical 55.01 (a)(1)(a) 

### ACQUITTED BY THE TRAIL COURT. Attached is Strict Proof, Judgement Cause 

### # 046500, 

### "WE THE JURY, FIND THE DEFENDANT MICHAEL CHRISTOPHER WADE [NOT GUILTY] of Violation Section 31.03(e)(4)(a) Texas Penal Code 

### THEFT $1.500 

## <$.20.000 as Charged in the Indictment. Jury Trail LNot GuiltyJ Feb/28/2000.
Petitioner Respectfully Enters Exhibit (a)and(b) This Musters Art.55.01 and Art55.02 RIGHT TO EXPUNCTION. Burden of Proving that All of the Statutory Requirements are

. I Satisfied. SEE Exparte Wilson 224 S.W.3d 860.(App 6 Dist.2007) also T.D.P.S V.J.H.J,. 274 S.W.3d 803(App.14.Dist.2008).
The Expunction Statue 55.01.E.T.Seq of the Texas code'Of Criminal Procedure, Does Not Require that.the law Enforcement Agencies be Served with the Expunction Petition. [Conceivably because, An Expunction hearing is An; Exparte Pro-**~ceeding.** See Barry P.Helft 

### &John M.Scholesky,(1) Texas Criminal Practice Guide 

### § 11.03 [1](1996).
page 2\

### \

However the statue does Compel the Court to; Notify the Law Enforcement Agencies listed in the Expunction Petition of the Expunction hearing. The Court Shall Set a Hearing on the Matter No Sooner than Thirty Days From the Filing of the Petition and Shall give a Reasonable Notice of the hearing to each Official or Agency or Other Entity Named in the Petition By Certified Mail,Return Receipt requested.**Tex.Cod~.Crim.Pr6c.Ann~Art** 55.02 § 2(Vernon Supp 1997). Artical 55.02 are Mandatory. Petitioner Request that The Trail Court make written· Findings of Fact and Conclusions of Law, Pursuant to Tex.R.CPV.P.296.

Petitioner has reason to believe that the Following Agencies Officials or Other Public Enities of this Staie have Records 

### 5 Concerning the Charge in Cause Number 

### # 046500. (1 Texas board of Pardons and Paroles, P.O.Box 13401 Capital Sta Austiri,Texas 78711-3401 (2 Texas Department of Public Safty P.O.Box 4087 Austin,Texas 78773-0001 (3 Teaxs Department of Criminal Justice [Internal Affairs Div] P.O.Box 4003 Huntsville,Texas 77342-4003 (4 Texas Department of Criminal Justice [Parole Division]**P~O.B~x** 13401 Capitol Station Austin,Texas 78711-3401 (5 Texas department of Criminal Justice[ Classfication and Records office] P.O.Box 99 Huntsville,Texas 77342-0022 (6 Grayson county District Clerk, Kelly ashmore 200 S. Crockett Sherman,Texas 75090 (7 Sherman P.D 317 S.Travis Street Sherman,Texas 75090 (8 Federal Bureau of Investigations 1000 Custer Hollow RD Clarksburg W.V. 26306-0001 (9 ALL Agencies that have Custody of Paper Work Attached to this Cause Number 

### # 046500.

page 3AFFIDAVIT OF INDIGENCY
Texas rules of Civil procedure, title 6,chapter 132,texas civil Practice and remedies code. s

NOW RESPECTFULLY comesMichael C.Wade .T.D.C.J.#1571415 presently.at the Stevenson unit in cuero(dewitt county)Texas, 77954-6300. I declare that I am unable to pay the court cost in this request to the court, and requests leave of the.court to pro- -ceed- In Forma Pauperis- in this accompanying request and action while showing the court the following; (1) I am presently incarcerated in the Texas Department.6f Criminal Justice-Correctional Institution Division where I am not permitted to handle Money; and (2) I have no Source of income and do not recieve pay;and C-e.f'.\(' (3) I currently have $ 0 . 9**~s** Creited to me in the T.D.C.J. Inmate Trust fund;and (4) During my incarceration in the texas department of Criminal Justice

- Correctional Institution Division, I have Approximately 

### $ 0 Dorrars per month as as Gifts from Relatives and friends,and (5) I neither own nor have an interest in any realty,stocks bonds or bank accounts, and,I receive no interest or dividend income from any source;and 

### (6) 

### (7) (8) 

### (9)
II have 0 dependants;and -"""--- I have total debts of approximately 

### $ 0 and -"""'-- __ dollars;
I owe 

### $ 0 _.>::,....._**~n** restitution;and My monthly expenses in Hygiene and Medical expenses are approximately 

### $ 0 dollars. I, Michael C.wade .T.D.C.J.# 1571415 ,being presently incarcerated at the Stevenson.unit, Located at 1525 FM 766,Cuero,Tx 77954-6300 (361) 257-207S,Declare and Verify under penalty of perjury that the foregoing statements in this Affidavit of Indigence are True and Correct
.. EXECUTED on this .1l7 day of

NOTE: Amendments to the Texas Civil Practice 

### &Remedies code §132.001, Now Allows**An~** Party to**us~** an Unsworn Declaration instead of an affidavit or Verification**~2012).** Affidavit of Indigence Pro Se,Self-Representing Litigant Page 4.ocation..,:0711

- 01 lalPsperson: RC00024 ;urchasPr: WAD£,MICHAELCHRISTOPHER D**Nu~ber:**01571415 tellNu111be1' ItemDescription Coonissary

### & TrU5tFund STEVENSON UNIT CoaaissaryPurchasp.Receipt BeginningAccountBalancf: $.0'3 UnitPrice Quantity Ext.Amt

f NoRecords toPrint

## * Transaction Total: Sales

### Tax included inaboveamount: $.00 $.00 $.09 EndingAccountBalance: -- --- ----**······--''-·-·-,----·::---·.--,.,~.:-'-::'-:;:;~,** Date: 7/c":l/15 Ti11e: 11:35:12•. Pag!?: 1 Housing: K-2 CELU7 Begin Spend Limit: $.09 Class SpendLi11it

End SpendLimit: SIGNATURE:
_________ THUMBPRINT
________ _ 

### ALLSALES**FINAL~!~!~!!'-** 

### NOREFUNDSOR**EXCHANGES'~!'!!'~~'**

page 

### 5Pursuant to Chapter 55 of the code of Criminal**Procedure~** Petitioner is entitled to have All Records and files Concerning the Charge in this Case EXPUNGED for the following Reason;
The aforementioned Offence on Feb/28/2000 Cause Number # 046500 was 

### [DIS-MISSED], Disposed by Jury Trail [NOT GUILTY]. Wherefore, The Petitioner Prays the Court; (1 To**S~t** this Matter for a Hearing. (2 To Give Reasonable notice of the Hearing to Each Offical Agency or Other Public Entity Named in paragraph,**Page~3** of this petition, Pursuant to Artical 55.02 Section 2 of the Texas Code of Criminal**procedure~** (3 After the Hearing of this Matter, to order Each Official Agency or Other Public Entity that there is Reason to Believe Records or files Concerning the Charge in cause Number #046500 a. Return All Records and Files Concerning the Arrest to the Court or if Removal is Impracticable, Obliterate All References to Petitioner,and b. Request each Central Federal Depository to which it Supplied Information Concerning the Charge Agenst Petitioner to return All Such Records and files to the Court, Or if Removal is Impracticable to Obliterate ALL References to Petitioner and Notify the Court of it's Action. c. Delete from It's public records, All index References to the Above-Mentioned Charge Against Petitioner. (4 To Direct the Clerk of the court to send a Certified Copy of the Order by Certified Mail, Return Receipt requested, To the Department of Public Safty and to each Official agency or Other Entity Named on Page 3 of this Petition, and to direct the Department of public safety to Send to each Centeral Federal Depository an Explanation of the Effect of the Order as well as a request for the return or Destruction of the records held by the Centeral Federal Depository.

page 6To return to the Petitioner ALL Records, Files and Notifi- -cation of the Disposition of records and files returned to the Court pursuant to it's Expunction Order Within a reasonable time of receipt of Same. Wherefore Premises Considered, Applicant Prays that this Expunction be Granted for Relief. RESPECTFULLY SUMITTED

# .lfd$&~ Michael C.Wade 1571415 Pro-Se Stevenson unit 1525 Fm 766 Cuero,Texas 77954

page 7PROOF OF SERVICE TO ALL PARTIES 

### The right to Expunction is a Statutory Privilege, All Provisions Have Been Met. The Right to Expunction ART 55.01 

### The Trail Court is Required to Set a Hearing on petition for Expunction SEE Heine V.Texas D.P.S. 92 S.W.3d 642,649(Tex.App.-Austin 2002).**T~e** 

### Expunction Statue Artical 55.01 ET.Seq of the TEXAS Code of Criminal Procedure does Not Require that the Law Enforcement Agencies be Served with the Expunction Petition Concevably Because an Expunction hearing is**~n** 

### Exparte Proceedings. See Barry P.Helft and John M.Schmolesky, Teaxs Criminal Practice Guide 

## § 11.03[1] (1996). However, The Statute does compel the Court to Notify the LAW ENFORCEMENT AGENTIES LISTED IN THE EXPUNCTION PETITION OF THE EXPUNCTION HEARING. The Court Shall Set a Hearing on the Matter No Sooner that 30 Day's from the Filing of the Petion [AND SHALL GIVE REASONABLE NOTICE OF THE HEARING TO; Each Official or Agency or other Entity Named in the Petition by Certifyed Mail,Return recipt Requested
....]. TEXAS.CODE CRIM.PROC.ANN.ART 

### SJL02 § 2(Vernon.supp.1997). 

### The Procedure Listed in artical 55.02 are Mandatory. This Court Has Jurisdiction because this Agency is the Arresting Agency, By Grayson 

### I County Sheriffs Department, Sherman,TEXAS
. Which involks Jurisdiction by Complying with ART 55.02. It is up to the Clerk to Notify all Parties at this time, 

### Michael**...::C::.!o.h~r,__:i~s~t~o:!.;p~h~e.=..r..l.I.!.!W.£o!a~d~e=------' ~espectfully** **request~** All parties to be served.**Pu~suant** 

### to Texas Rules of Civil Pr6cedure 

### &title 6 Chapter 132 of the Civil Pratice and Remedies code under Penalty of Perjury, Excuted on this 

### 17 day of August, 2015.

page 8COPY
...... 

### EXHIBIT (C) Kelly Ashmore,District Clerk Shleana Brinkley, Deputy Clerk Grayson County,Texas 

## § ExParte 

### § Michael Wade 

### § CV-15-1294 

### § 

### EXHIBIT(C)
District Court in the 397 th Grayson County,TX



### PETITIONERS RESPONCE TO:SHLEANA BRINKLEYS LETTER.
To Honorable Judge of Said Court:
Now Comes Michael C.Wade Pro-Se for good Cause Shows the Following:
On September/21/2015. I Received a Letter from you Stating,My**Expunct~c<·.** -ion was Filed on Augest 20th,2015 Case Number is CV-15-1294 in the 397 th District Court with Judge Brian Gary. I would like to bring to the Courts Attention in the Orignal Petition for Expunction and Proper Documents Meeting the Statutory Requirement of Texas Code of Criminal Procedure 55.01 and 55.02 is a Right,Not a Prialge. The Charges Requesting to be Expunged was; 

### Dismissed,NOT GUILTY,Acquitted Verdict Artical 55.01(a). The Petition for Expunction was in Order with Facts SeeHeine 

### V.Texas DPS 92 S.W.3d 642,649{Tex.App.Austin 2002). The Trial Court is Required to set a Hearing on Petition for Expuction. [I]E You are Claiming,I Still Need to Forward Further Documents for a Hearing Order. And by the O'Conners Tx.Code of Criminal Procedure, I Have Met Strict Proof of 55.01 If there is Not a Hearing Required and a Order to Expunge is Granted to expunge without a Hearing,Petitioner would be

## Sa~is~ied. Petitioner Request a Ruling on Orignal Petition for Expungment, Cause Number CV-15-1294. Petitioner Request a More Defined Statement to What Further Documents would be Needed for a Hearing If Needed. Petitioner States for the Record that ALL Necassary Documents and Order was Attached to the Orignal Petition for Expunction of Records. Wherefore,Premises Considered Petitioner Prays the Orignal Petition is Ruled on and that a Responce is Provided to this Petitioners Re- -sponce in STATES LETTER is Responded to.
RESPECTFULLY. page 1

### CERTIFICATE OF SERVICE

I Hereby Certify that a copy of the Above Responce to Shleana Brinkleys Letter,Deputy District Clerk of Grayson County, was Mailed to District Clerk,Kelly Ashmore at 200 South Crockett Ave, STE 120-A. Sherman, TEXAS 75090 on this 17th Day of Augest.2015.

Petitioner Pro-Se

Page 2

### ORDER

On This Day Came on to be Heard the Forgoing Responce to Deputy District Clerks Letter, Shleana Brinkley and it Appears to the Court That the Orignal Order for Expuction of Records be Set for Doccett Call where it can be Ruled on, It appears to the Court that the same should be,

____________GRANTED

Signed on this the
__________ day of



## ---------------

Honorable Judge Presiding. 

### 2015.

### EXHIBIT(D) Kelli Ashmore,District Clerk Shleana Brinkley,Deputy Clerk 200 south Crockett Ave, STE 120-A Sherman,TEXAS 75090

Dear Mrs Kelly Ashmore, 

### EXHIBIT(D)

10/15/2015

I**waul~** like to Know what is Going on with My Expungment order I Filed with you court ? The Petition was Marked filed on Augest/20/15 by you on ommission but I have yet to hear back from you on that Matter
or the Letter your Deputy Clerk sent Stating i Needed more Paper work to send to have it set for Court 

### ? Still no responce from your Office
on Either Matter. Could you Please let me Know Something on this Issue at Hand 

### ?

Thank you,

Michal C. Wade
I

### (E) 

### AFFIDAVIT OF INDIGENCY
Texas rules of Civil procedure, title 6,chapter 132,texas civil Practice and remedies code. EXHIBIT(E)



### NOW RESPECTFULLY comes Michael C.Wade .T.D.C.J.# 1571415 presently at the Stevenson unit in cuero(dewitt county)Texas, 77954-6300. I declare that I am unable to pay the court cost in this request to the court, and requests leave of the court to pro- -ceed- In Forma Pauperis- in this accompanying request and action while showing the court the following; (1) I am presently incarcerated in the Texas Department of Criminal Justice-Correctional Institution Division where I am not permitted to handle Money; and (2) I have no Source of income and do not recieve pay;and (3) I currently have 

### $ 00 .Q2_Dollars Creited to me in the T.D.C.J. Inmate Trust fund;and (4) During my incarceration in the texas department of Criminal Justice

- Correctional Institution Division, I have Approximately 

### $ 00
. 09 Dollars per month as as Gifts from Relatives and friends,and (5) I neither own nor have an interest in any**realty,stoc~s** bonds or bank accounts, and,I receive no interest or dividend income from any source;and (6) 

### (7) I have 0 dependants;and



## --- I have total debts of approximately $ and (8) I owe$ 00 .00 in restitution;and 00 ._Q_Q_dollars;

(9) My monthly expenses in Hygiene and Medical expenses are approximately 

### $ 00 ._QQ__ dollars. ! I,Michael C Wade .T.D.C.J.# 1571415 ,being presently incarcerated at the Stevenson unit, Located at 1525 FM 766,Cuero,Tx 77954-6300 (361) 257-2075,Declare and Verify under penalty of perjury that the foregoing statements in this Affidavit of Indigence are True and Correct.



### NOTE: Amendments to the Texas Civil Practice 

### &Remedies code §132.001, Now Allows**An~** Party to**us~** an Vnsworn Declaration instead of an affidavit or Verification**~2012).** Affidavit of Indigence Pro Se,Self-Representing Litigant page 8

### EXHIBIT (E)

.ocat_ion••,: 0711

- 01 lalesperson: RC00024 •urchimr: WAD£,MICHAELCHRISTOPHER DNu!Dber: 01571415 temNuabe1• ItemDPscription Commissary

### & TrttstFund 

### STEVEIGlNUNIT CoB&issaryPurchase.Receipt BeginningAccount Balance: $.0'3 UnitPrice Quantity Ext.Amt

1NoRecordstoPrint

## * TransactionTotal:**Sal~s** Tax included inaboveamount: 

## s.oo $.00 $.09 EndingAccountBalance: 

### EXHIBIT(E)**~~ ~** ..,**~-- ~~-** **~c-----~--:--~-~-~·.·--c---~,---,-.,·~·:~,f.-:;:;t** Date: 7/'C"j/15 Tiae: 11**:35:12~** Page: I Housing: K-2 CELL17 Begin SpendLimit: t09 Class Spend Lillit

EndSpend**li~it:** SIGNATUR£:
_________ THlJ!tiBPRINT
______ . 

### ALLSALES**FINAL'~~~~!**II-

### NOREFUNDSOR**EXCHANGES~!**II!!!!II



### page 9