In re the Expunction of M.C.
2013 Tex. App. LEXIS 11280
| Tex. App. | 2013Background
- M.C. was arrested December 1, 2007 for possession of marijuana.
- On May 6, 2008, M.C. entered a pre-trial diversion program (PTD) under a waiver that included waiving the right to expunction under Article 55.01.
- PTD agreement stated M.C. waived certain rights to participate in PTD, including expunction rights, as a condition of program participation.
- M.C. completed the PTD program on December 12, 2008; the State moved to dismiss the case on December 16, 2008.
- In October 2010, M.C. petitioned to expunge all records; appellants denied, asserting waiver of expunction.
- Trial court granted expunction on January–February 2011, appellants appealed; court reversed and denied expunction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether waiver of expunction was valid under Article 1.14 and Article 55.01 amendments | M.C. did not retain expunction rights because limited by 2008 waiver | Waiver valid; signed knowingly and intelligently; applies to waiver of expunction | Waiver valid; court abused by granting expunction |
| Whether the 2009 amendments retroactively affected M.C.'s waiver | Amendments apply retroactively to PTD waiver | Amendments not applicable to pre-existing waiver filed before 2011 | Amendments do not apply retroactively to M.C.'s petition filed in 2010 |
| Whether M.C. knowingly and intelligently waived expunction rights | M.C. knowingly signed the waiver as part of PTD | M.C. lacked understanding; waiver should be invalid | M.C. knowingly and intelligently signed the waiver; issue sustained |
Key Cases Cited
- In re C.F.P., 388 S.W.3d 326 (Tex.App.-El Paso 2012) (abuse of discretion standard; findings not required if none requested)
- In re E.R.W., 281 S.W.3d 572 (Tex.App.-El Paso 2008) (expunction is a statutory, mandatory-right matter)
- Expunction of Jones, 311 S.W.3d 502 (Tex.App.-El Paso 2009) (knowing execution of PTD waiver; words have meaning; illiteracy not defense)
- In re D.R.R., 322 S.W.3d 771 (Tex.App.-El Paso 2010) (contractual treatment of PTD waivers; benefits bar later challenges)
- In the Matter of the Expunction of Jones, 311 S.W.3d 502 (Tex.App.-El Paso 2009) (waiver validity under contract-like PTD agreements)
- In re R.B., 361 S.W.3d 184 (Tex.App.-El Paso 2012) (waiver of rights under Article 1.14; totality of circumstances)