Ex Parte Reed, 343 S.W.3d 306

Reed was arrested on April 22, 2009, for misdemeanor criminal mischief under Tex. Penal Code § 28.03.
Prosecutor moved to dismiss the charge without prejudice on November 20, 2009; the court granted dismissal but wrote the order as [with prejudice].
On November 20, 2009, Reed petitioned the civil district court to expunge the arrest record under Article 55.01.
Article 55.01(a)(2)(A)(i) requires that the limitations period have expired before a petition for expunction is filed; misdemeanor limits are two years from the offense.
The trial court granted expunction on March 5, 2010, stating Reed met all requirements except the limitations provision, but treated the dismissal with prejudice as irrelevant.
The District Attorney appealed, arguing the expunction petition was premature under the statute; the issue is whether Reed satisfied the limitations-expiration criterion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Reed's expunction petition was timely under Article 55.01(a)(2)(A)(i).	Reed contends limitations expired at dismissal with prejudice.	DA argues limitations expire when the State is barred from prosecuting, not at time of petition.	The limitations period must expire by time running; petition was premature, thus denial proper.

Ex parte S.C., 305 S.W.3d 258 (Tex.App.-Houston [14th Dist.] 2009) (expunction is a statutory privilege with mandatory provisions)
Harris Cnty. Dist. Att'y v. Lacafta, 965 S.W.2d 568 (Tex.App.-Houston [14th Dist.] 1997) (strict compliance with expunction provisions)
J.H.J. v. State, 274 S.W.3d 803 (Tex.App.-Houston [14th Dist.] 2008) (expunction civil in nature; burden on petitioner)
Ex parte Goodman, 152 S.W.3d 67 (Tex.Crim.App. 2004) (definition of limitations period related to prosecution timing)
Mossler v. Shields, 818 S.W.2d 752 (Tex. 1991) (distinction between acquittal and dismissal in expunction context)
State v. Beam, 226 S.W.3d 392 (Tex. 2007) (legislative intent and limitations on expunction)