In re the Expunction of A.G.
388 S.W.3d 759
| Tex. App. | 2012Background
- A.G. was arrested on September 17, 2008 for assault causing bodily injury, a class A misdemeanor.
- A.G. petitioned to expunge arrest records because the charge was dismissed.
- The County opposed expunction, asserting A.G. waived his right via a pretrial diversion (PTD) program.
- At the hearing, A.G. offered no evidence and the County offered no evidence on waiver; PTD agreement was not admitted into evidence.
- The trial court granted expunction, prompting the County to appeal arguing abuse of discretion and waiver.
- The court holds A.G. failed to prove entitlement under Article 55.01(a)(2) and reverses to deny expunction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver as defense to expunction | A.G. sought expunction; waiver not proven. | Waiver via PTD contract defeats entitlement to expunction. | Waiver not established; trial court abused discretion. |
| Sufficiency of evidence under Article 55.01(a)(2) | Not expressly stated; focus on statutory rights, burden on petitioner. | Record supports waiver defense and denial of expunction. | Petitioner failed to prove entitlement; expunction denied. |
Key Cases Cited
- In re J.O., 353 S.W.3d 291 (Tex.App.-El Paso 2011) (strict compliance required for entitlement to expunction)
- In re E.R.W., 281 S.W.3d 572 (Tex.App.-El Paso 2008) (statutory expunction proceeding is civil; petitioner bears burden)
- In re Worrell, 334 S.W.3d 342 (Tex.App.-El Paso 2011) (abuse of discretion when no evidence supports expunction)
- Ex parte Jackson, 132 S.W.3d 713 (Tex.App.-Dallas 2004) (waiver is an affirmative defense; burden to plead and prove)
- In re Expunction of Jones, 311 S.W.3d 502 (Tex.App.-El Paso 2009) (no equitable power to grant expunction without strict statutory compliance)