akolpienplaywriter.com: Expunction Petition

TO WHOM IT MAY CONCERN

ALTON L. KOLPIEN
					265th District Court of the City of Dallas, Dallas County, Texas

EX PARTE IN THE 265th DISTRICT COURT

DALLAS COUNTY, TEXAS

ALTON LESTER KOLPIEN JR.

(Petitioner)

Petition for Expunction of Records

I am the Petitioner in this case. Alton Lester Kolpien Jr. Petitions the Honorable Judge Of Said Court to ORDER the expunction of any and all records and files arising out of my detention on August 9-10, 2008, described below:

1. Offense and/or Detention

a. At approximately 11:30PM, August 9, 2008, I was followed by Dallas Police Officer Joshua Lee Forner, Badge #8927 across McKinney Avenue into Christies Sports Bar from his secondary place of private employment as a security guard. Mr. Forner was in full uniform. He sat opposite me and said nothing; I asked a waitress named Raven to ask him to leave. The Officer then spread his legs and the waitress left. The Officer stared at me for about ten minutes and then asked me for identification. I complied with his request. He took the information he apparently needed from my driver’s license and then left at about 12:15 AM, August 10, 2008. There was no arrest, warning or citation.

b. This incident was subsequently reported by Officer Forner on Dallas Police Department Tracking Service #0249601-V as SUSPICIOUS BEHAVIOR.

c. I estimate that the elapsed time from when Officer Forner began following me until he left my presence was forty-five minutes between 11:30 PM, August 9, 2008, to 12:15 AM, August 10, 2008.

d. Subsequent to this incident I began receiving anonymous telephone calls that resulted in hang-ups after I answered. These calls lasted for over a year until I was able to eliminate them through a complaint to the Federal Communications Commission giving them the times and dates. FISA, 1978, limits intelligence gathering and dissemination prescribes procedures for requesting judicial authorization for electronic surveillance of persons engaged in espionage or terrorism against the U.S. on behalf of a foreign power. USSID 18: Ensures that NSA Sigint collection and reporting are conducted in accordance with procedures that meet the reasonableness requirements of the 4^th Amendment and do not violate the privacy of U.S. citizens anywhere in the world.

e. The location of this August 9-10, 2008, incident was Christies Sports Bar, 2811 McKinney Avenue, City of Dallas, and County of Dallas, Texas.

f. I initiated Internal Affairs Report #DRO8-208 because of Officer Forner’s actions on August 9-10, 2008, on August 19, 2008.

g. I have asked the Dallas Police Department several times for records of this incident under the Texas Open Records Act. My last request for a complete file was to Michael Carew, Lt., Records/Legal Service Unit, Dallas Police Department on June 3, 2011, through Ms. J. Middlebrook, Liaison Counsel for the Dallas Police Department at the Dallas City Attorney, City of Dallas, 1500 Marilla Street, Dallas, Texas 75201.

h. No indictment or information charging Petitioner with a felony has been presented. No charges were ever filed in the three years that have passed from the date of this incident in any Dallas County District Court or any cause number was assigned to the best of my knowledge.

i. The Dallas City Attorney’s office said they would expunge upon a court order. The Dallas County District Attorney has filed a granted ruling with the judge of the court and agrees that generally, all stipulations in the petition for expunction are true and correct and that petitioner need not appear for his scheduled court appearance on November 29, 2012.

2. Information about Petitioner

Petitioner is a male Caucasian whose full name is Alton Lester Kolpien Jr. Petitioner was born on June 21, 1939, and was living at Roseland Gardens Sr. Apartments, 2255 N. Washington Avenue, A311, Dallas, Texas 75201-4234, (214/370-0705; akolpien@hotmail.com) at the time of the incident.

3. Grounds for Expunction

a. No indictment or information charging me with a felony has been presented against me for an offense arising out of the transaction for which I was detained or, if an indictment or information charging me with a felony was presented, the indictment or information has been dismissed or quashed, and

b. I have been released, and the charge of SUSPICIOUS BEHAVIOR against me as alleged on Dallas Police Department Tracking #0249601-V reported on August 12, 2008, has not resulted in a final conviction, and is no longer pending.

c. I have not submitted to any kind of court ordered supervision (classes, fines, probation, etc.) under Art. 42.12, Texas Code of Criminal Procedure, or any kind of conditional discharge under 481.109 of the Health and Safety Code.

d. I have not been convicted of a felony in the five years preceding the date of the detention.

e. The Statute of Limitations has run completely for all offenses that could be charged from the detention. This includes any tolling period that may have occurred.

f. Petitioner has reason to believe that the following agencies, officials, or other public entities of this state have records concerning the detention.

1. Craig Watkins, District Attorney, Frank Crowley Criminal Court Building, 133 N. Riverfront Blvd., Dallas, Texas, 75207.

2. Thomas Perkins, City Attorney, City of Dallas, 1500 Marilla Street, Dallas, Texas 75201.

3. Dallas Police Department, Records/Legal Serv Unit Jack Evans Police Headquarters, 1400 S. Lamar St., Dallas, Texas 75215

4. District Court Gary Fitzsimmons where this Petition is filed.

5. Applicable Data Services.

g. Pursuant to Chapter 55 of the Code of Criminal Procedure, Petitioner is entitled to have all records and files concerning the detention expunged for the above listed reasons.

h. Petitioner finds the incident of August 9-10, 2008, as reported on the Dallas Police Department Tracking Service #0249601-V by Dallas Police Officer Joshua Lee Forner, Badge #8927, having not been pursued either by arrest, warning, citation or further criminal indictment by either the City or County of Dallas, Texas, to be unconstitutional in that petitioner has the right to be safe and secure in his person and respectfully asks THE HONORABLE JUDGE OF THIS COURT to order it expunged from the records and physically destroyed.

The following documents are hereby made a part of this petition:

Sole practitioner filing dated 30Sept2011
Address before the Dallas City Council dated 30Oct2008
Dallas City Council resolution 040788 dated 25Feb2004
Certification of Criminal History record from the Texas Department of Public Safety dated 22Aug2011

Petitioner Prayer

1. I ask the Court to set the case for hearing, and after giving reasonable notice to each Respondent or other entity named pursuant to Article 55.02, Section 2 of the Texas Code of Criminal Procedure.

2. After the hearing on this matter, to order the official, agency or entity that there is reason to believe possesses records or files concerning the arrest and/or detention to;

a. Return all records and files concerning the arrest and/or detention to the court, or, if removal is impracticable, obliterate all references to petitioner and notify the court of its action.

b. Request each central federal depository to which it supplied information concerning the arrest and/or detention of petitioner to return all such records and files to the court, or if removable is impracticable, to obliterate all references to petitioner and notify the court of its action.

c. Delete from its public records all index references to the above-mentioned arrest and/or detention of the petitioner.

3. 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 Safety and to each official, agency, or other entity named in the petition; and to direct the Department of Public Safety to send to each central 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 central federal depository.

4. To return to the petitioner all records, files, and notifications of the disposition of records and files returned to the court pursuant to its expunction order within a reasonable time of the receipt of same.

Date_11/29/2012

S/ Alton Lester Kolpien Jr.

2255 N. Washington Avenue, A311, Dallas, Texas 75204 (214.370.0705; (akolpienplaywriter.com- a sole practictioner)

In Proper for Petitioner (Pro Se)

Filed #X-12-1498R 10/16/2012
Order setting hearing: 10/23/2012
Order granting expunction 11/29/2012

Expunction Petition

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