In re the Expunction of O.R.T., 414 S.W.3d 330

In April 2000 O.R.T. was arrested for driving while license suspended (DWLS); he later pleaded guilty to a separate DWI and the DWLS charge was dismissed as having been "12.45'd" into the DWI case.
In May 2011 O.R.T. petitioned to expunge arrest records for the DWLS (and other offenses), claiming dismissal showed lack of probable cause under Art. 55.01(a)(2).
DPS (and local respondents) opposed as to the DWLS count; at the expunction hearing O.R.T. conceded the DWLS was dismissed because he admitted guilt under Penal Code §12.45, not for lack of probable cause.
The trial court granted expunction for DWLS; DPS appealed only that ruling.
The court of appeals reviewed statutory construction of Art. 55.01(a)(2)(B) and §12.45 and considered whether an admitted, unadjudicated offense that is taken into account at sentencing "resulted in a final conviction" for expunction purposes.
The court reversed and rendered judgment denying expunction for the DWLS charge, holding that a §12.45 admission becomes part of the judgment/criminal record and bars expunction under Art. 55.01(a)(2).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an arrest may be expunged under Art. 55.01(a)(2) when the charged offense was dismissed because the defendant admitted the offense under Penal Code §12.45 and the admission was considered in sentencing for a separate offense	O.R.T.: dismissal shows absence of probable cause and satisfies Art. 55.01(a)(2) so records should be expunged	DPS: §12.45 admission made the unadjudicated offense part of the final judgment/criminal record and thus the dismissal did not permit expunction under Art. 55.01(a)(2)(B)	Held for DPS: §12.45 admissions become part of the judgment and the unadjudicated offense effectively "resulted in a final conviction," barring expunction under Art. 55.01(a)(2)

In re J.O., 353 S.W.3d 291 (Tex. App.—El Paso 2011) (interpretation of Article 55.01(a)(2) and expunction requirements)
Travis County Dist. Attorney v. M.M., 354 S.W.3d 920 (Tex. App.—Austin 2011) (expunction statute requires satisfaction of all statutory conditions)
J.S.H. v. Travis County Attorney, 37 S.W.3d 163 (Tex. App.—Austin 2001) (conflicting authority on whether §12.45 admissions bar expunction)
Woodard v. State, 931 S.W.2d 747 (Tex. App.—Waco 1996) (offenses admitted under §12.45 become part of judgment and criminal record)