In re the Expunction of R.B., 361 S.W.3d 184

R.B. filed a petition to expunge all records of his arrest for misdemeanor theft.
R.B. completed pretrial diversion (PTD) and his theft case was dismissed.
R.B. signed a 2006 PTD waiver agreeing to waive expunction rights as a condition of PTD.
The PTD agreement stated he could expunge if he complied with Articles 1.05 and 55.01 but expressly waived those rights.
The trial court granted expunction; appellants argued the waiver scope was too broad.
The appellate court sustained the waiver argument, reversed, and denied expunction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether RB's PTD waiver of expunction rights was valid as to scope	RB argues waiver was limited and cannot extinguish future expunction rights	Appellants contend waiver broadly bars expunction based on PTD completion	Waiver governs; trial court erred in applying narrower scope to RB’s petition

In re Retzlaff, 345 S.W.3d 777 (Tex.App.-El Paso 2011) (expunction burden and statutory compliance)
Ex parte S.C., 305 S.W.3d 258 (Tex.App.-Houston [14th Dist.] 2009) (expunction proceeding is civil; mandatory provisions apply)
Jones v. State, 311 S.W.3d 502 (Tex.App.-El Paso 2009) (waiver of rights under expunction context)
Worrell v. Tex., 334 S.W.3d 342 (Tex.App.-El Paso 2011) (pre-amendment scope of expunction and evidence standard)
Katopodis, 886 S.W.2d 455 (Tex.App.-Houston [1st Dist.] 1994) ( PTD-related expunction considerations)
Beam v. State, 226 S.W.3d 392 (Tex. 2007) (limits of expunction and rehabilitation model)