Ex Parte A. M.
13-21-00050-CV
| Tex. App. | Aug 31, 2021Background
- A.M. filed a petition on September 17, 2020 to expunge records of a DWI arrest, asserting eligibility under Tex. Code Crim. Proc. art. 55.01(a)(2).
- The trial court set a hearing for January 14, 2021; DPS answered the petition on January 11, 2021 denying the allegations.
- Without holding the scheduled hearing or giving DPS additional notice, the trial court signed an expunction order on January 6, 2021.
- The court reporter confirmed no hearing was held before entry of the expunction order.
- DPS appealed, arguing (1) the expunction was granted without statutorily required notice and a hearing and (2) A.M. failed to meet his burden of proof.
- The court of appeals reversed and remanded because the trial court violated the statutory notice/hearing requirements; it did not reach the merits of A.M.’s entitlement to expunction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by granting expunction without notice or a hearing | A.M.: relief was appropriate under the expunction statute | DPS: trial court violated art. 55.02 by granting relief without giving DPS required notice and opportunity to be heard | Reversed and remanded — court must provide statutorily required notice/hearing before expunction; trial court erred |
| Whether A.M. met his burden to prove entitlement to expunction | A.M.: he satisfied the statutory criteria for expunction | DPS: A.M. did not carry his burden of proof | Not decided — appellate court remanded for a hearing so the parties may develop the record |
Key Cases Cited
- Ex parte R.P.G.P., 623 S.W.3d 313 (Tex. 2021) (expunction is a statutory privilege; statutory requirements are mandatory)
- Tex. Dep't of Pub. Safety v. Deck, 954 S.W.2d 108 (Tex. App.—San Antonio 1997, no pet.) (expunction order must show agency received notice as required by statute)
- Ex parte Stiles, 958 S.W.2d 414 (Tex. App.—Waco 1997, pet. denied) (strict compliance with expunction statutory procedures required)
- Tex. Dep't of Pub. Safety v. Fredricks, 235 S.W.3d 275 (Tex. App.—Corpus Christi–Edinburg 2007, no pet.) (trial court commits reversible error for failure to follow statutory expunction procedures)
- In re J.J.R., 599 S.W.3d 605 (Tex. App.—El Paso 2020, no pet.) (remanding where agency did not receive required notice; parties must have opportunity for hearing)
- Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (legal questions reviewed de novo; courts have no discretion in determining law)