In re the Expunction of C.F.P., 388 S.W.3d 326

C.F.P. was arrested for assault causing bodily injury on August 12, 2001.
On February 18, 2003, C.F.P. entered a Pre-trial Diversion (PTD) Agreement with the State, waiving the right to expunction as a condition.
C.F.P. completed PTD and the State dismissed the assault case on July 8, 2003.
C.F.P. filed a petition to expunge the arrest record on July 9, 2009.
Trial court granted expunction; the order was later reversed on appeal, which denied expunction.
Appellants seek reversal of the expunction grant on waiver and statutory-interpretation grounds.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does Section 16.004 apply to waivers in a PTD agreement?	C.F.P. argues no4-year civil limitations bar the expunction waiver.	Appellants contend the PTD waiver expired under §16.004(a).	Section 16.004 does not apply to waivers; waiver remains viable; abuse of discretion to apply.
Did the 2009 amendment to Article 55.01 supersede the waiver of expunction?	Waiver cannot be revived by amendment; waiver stands.	Amendment allows expunction regardless of waiver.	Amendment did not supersede the waiver; trial court abused discretion; judgment denying expunction affirmed.

In re D.R.R., 322 S.W.3d 771 (Tex.App.-El Paso 2010) (abuse of discretion standard for expunction)
In re Worrell, 334 S.W.3d 342 (Tex.App.-El Paso 2011) (abuse of discretion review)
In re R.B., 361 S.W.3d 184 (Tex.App.-El Paso 2012) (waiver/expunction considerations)
In the Matter of the Expunction of Jones, 311 S.W.3d 502 (Tex.App.-El Paso 2009) (expunction waiver considerations)
In the Matter of the Expunction of Arnold, 34 S.W.3d 583 (Tex.App.-El Paso 2000) (expunction waiver precedents)
Texas Dep’t of Public Safety v. Wallace, 63 S.W.3d 805 (Tex.App.-Austin 2001) (expunction is civil in nature; waiver context)
Texas Dep’t of Public Safety v. 274 S.W.3d 803, 274 S.W.3d 803 (Tex.App.-Houston [14th Dist.] 2008) (no pet.; limitations considerations)