In re the Expunction of J.O., 353 S.W.3d 291

In January 2003, J.O. was charged with possession of marijuana less than two ounces.
Plea bargain led to a guilty plea and conviction for disorderly conduct, a reduced offense.
On May 14, 2010, J.O. petitioned for expunction of records related to the possession charge under Article 55.01(a).
Petition stated no indictment or information was presented, she was released from custody, and no related charges were pending or convicted.
County argued expunction was improper because the disorderly conduct conviction resulted from the arrest underlying the expunction petition.
Trial court granted the expunction petition; County appealed raising a single issue about the effect of the resulting conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether expunction is proper when final conviction resulted from the arrest sought to be expunged	J.O. argues the conviction did not result from the arrest's charge.	County contends the disorderly conduct conviction was a result of the arrest and bars expunction.	Expunction denied; final conviction did result from the arrest.

In re E.R.W., 281 S.W.3d 572 (Tex.App.-El Paso 2008) (expunction right is statutory; burden on petitioner to prove statutory requirements)
In re S.D., 349 S.W.3d 76 (Tex.App.-El Paso 2010) (trial court must grant if statutory requirements are met)
Ex parte Current, 877 S.W.2d 833 (Tex.App.-Waco 1994) (no equity power; strict compliance required)
In re Expunction of Jones, 311 S.W.3d 502 (Tex.App.-El Paso 2009) (petitioner must establish statutory conditions)
In re Ramirez, 143 S.W.3d 856 (Tex.App.-El Paso 2004) (expunction denied where requirements not met)