Background - Jennifer Brown was arrested on April 29, 2008, on three charges: aggravated assault with a deadly weapon, aggravated assault (family violence), and theft by check. - The State dismissed the family-violence and theft charges; Brown pleaded guilty to aggravated assault with a deadly weapon and received five years deferred-adjudication community supervision. - In June 2016 Brown moved to expunge all records related to the April 29, 2008 arrest, asserting there was no court-ordered community supervision for any charge. - The Department of Public Safety (DPS) answered, contending Brown was ineligible for expunction because the aggravated-assault charge resulted in court-ordered community supervision. - The trial court granted the expunction petition without a hearing; DPS filed a timely restricted appeal arguing error apparent on the face of the record. - The court of appeals reviewed whether deferred adjudication/community supervision arising from one arrest bars expunction of all records from that arrest. ### Issues | Issue | Brown's Argument | DPS's Argument | Held | |---|---:|---:|---:| | Whether Brown was entitled to expunction under Tex. Code Crim. Proc. art. 55.01(a)(2) given deferred adjudication on one charge arising from the arrest | Brown argued no court-ordered community supervision existed for the arrest records she sought to expunge | DPS argued the aggravated-assault charge resulted in court-ordered community supervision (deferred adjudication), which bars expunction of any records from the same arrest | The court held Brown was not entitled to expunction because deferred adjudication for one charge arising from the arrest prevents expunction of any records from that arrest; reversed trial court and rendered judgment for DPS | ### Key Cases Cited Ins. Co. of State of Penn. v. Lejeune, 297 S.W.3d 254 (Tex. 2009) (restricted-appeal standards; error must be apparent on face of record) Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (legal questions reviewed de novo; trial court has no discretion in determining the law) Heine v. Tex. Dep’t of Pub. Safety, 92 S.W.3d 642 (Tex. App.—Austin 2002, pet. denied) (standard of review for expunction orders is abuse of discretion) S.J. v. State, 438 S.W.3d 838 (Tex. App.—Fort Worth 2014, no pet.) (expunction statute is arrest-based; expunction unavailable when any charge from the arrest results in community supervision) Tex. Dep’t of Pub. Safety v. Moran, 949 S.W.2d 523 (Tex. App.—San Antonio 1997, no writ) (deferred adjudication constitutes court-ordered community supervision) Ex parte Green, 373 S.W.3d 111 (Tex. App.—San Antonio 2012, no pet.) (burden on petitioner to show statutory expunction prerequisites) * Ex parte Elliot, 815 S.W.2d 251 (Tex. 1991) (reversal of expunction applies to all respondents; documents returned to submitting agencies)