Examples of court decisions dealing with expunction and non-disclosure

The following are some decisions from the Courts of Appeal addressing issues involving petitions for expungement and motions for non-disclosure. You can find the full case decision by going to the website for the particular court. The websites for all the courts of appeal can be found at the website of the Court of Criminal Appeals.

DISCLAIMER: As with all legal issues, do not rely on the decisions set forth below without conducting your own research. Decisions depend on the particulars of facts involved, and decisions may be distinguished, modified or even rejected by later decisions. If you have a question about the law in this area you should consult with an experienced lawyer.

Expunction – conviction of other chargeEx Parte MG, No. 10-13-0021-CV (Tex. App. - Waco, 8/1/13) Defendant was arrested for DWI. That charge was eventually dismissed, and he pled guilty to a reduced charge of obstructing a highway. He subsequently filed a petition for expunction directed to the DWI arrest. The trial court granted the motion, but there is no record of any court hearing on the petition. Court holds the defendant was not entitled to relief because there was no proof that any indictment or information charging the commission of a misdemeanor offense arising out of the same transaction was dismissed.

ExpunctionEx Parte Helm, No. 11-12-0077-CV (Tex. App. - Eastland, 9/5/13) Defendant was arrested for possession of a controlled substance, and misdemeanor possession of marijuana. He pled guilty to possession of a controlled substance and pursuant to Section 12.45, admitted guilt to the marijuana charge. After completing supervision on the controlled substance case, he moved to expunge the marijuana arrest. Court holds expunction was not available because the defendant was placed on supervision for the controlled substance offense.

Note: The petition was filed prior to the 2011 amendments that made it clear that expunction is not available if the individual is placed on supervision for any offense that stemmed from the same arrest.

Expunction In the Matter of AG, No. 08-12-0174-CV (Tex. App. - El Paso, 10/16/13) Defendant was arrested for DWI, and an information was filed charging that offense. The information was subsequently amended to add a second count of reckless conduct.  He entered a plea to reckless conduct, and admitted guilt on the DWI charge. Count was subsequently dismissed, and the defendant filed a petition for expunction, which the trial court granted. COA holds the defendant was not entitled to expunction because the evidence established defendant had been convicted of a lesser charge.

Walter Reaves
Criminal Defense Attorney Walter Reaves has been practicing law for over 35 years.