In re the Expunction of A.G.
2013 Tex. App. LEXIS 12844
| Tex. App. | 2013Background
- A.G. was arrested for driving while intoxicated on October 6, 1989, charged in cause 890C15117.
- On November 6, 1991, the court amended the information to add reckless conduct as Count II; A.G. pled guilty to Count II and admitted Count I as an unadjudicated offense under Art. 12.45.
- Count II was found guilty with a $1,000 fine; the docket indicated Count I was dismissed, but no order was signed dismissing the DWI.
- In April 2012, the State moved to dismiss the DWI after a reckless conduct conviction; the court granted the motion and dismissed Count I.
- On February 22, 2012, A.G. petitioned to expunge the DWI records and four related cases; trial court expunged all five, including the DWI, on the theory the charge was not finally convicted and not pending.
- Appellants appealed, arguing lack of evidence and that the DWI had resulted in a final conviction; the appellate court sustained the argument on the final-conviction issue and reversed part of the expunction order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the expunction petition was supported by legally sufficient evidence | A.G. contends the fruits of discovery support expunction. | Appellants argue there was no evidence proving entitlement to expunction. | Issue sustained; evidence fails to show no final conviction for the DWI. |
| Whether the DWI charge resulted in a final conviction | A.G. argues no final conviction for the arrest charge. | Appellants contend A.G. was convicted via a plea to a lesser offense. | Final-conviction existed; expunction denied for the 890C15177 case. |
Key Cases Cited
- In re A.G., 388 S.W.3d 759 (Tex.App.-El Paso 2012) (expunction is a mandatory, exclusive statutory remedy; burden on petitioner)
- In re J.O., 353 S.W.3d 291 (Tex.App.-El Paso 2011) (strict compliance required; no equity power to grant expunction)
- Ex parte Jackson, 132 S.W.3d 713 (Tex.App.-Dallas 2004) (expunction burden on petitioner; strict proof required)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (legal-sufficiency review requires favorable evidence for verdict)
- Rodriguez v. State, 224 S.W.3d 783 (Tex.App.-Eastland 2007) (plea to lesser offense can bar expunction due to final conviction)
- Aytonk, 5 S.W.3d 787 (Tex.App.-San Antonio 1999) (no expunction where charge resulted in final conviction)
- In re S.D., 349 S.W.3d 76 (Tex.App.-El Paso 2010) (expunction standards apply in El Paso proceedings)