Texas Department of Public Safety v. G. B. E.
2014 Tex. App. LEXIS 3195
| Tex. App. | 2014Background
- In Aug. 2000 G.B.E. was arrested for DWI; the DWI charge was later dismissed and re‑filed as reckless driving (Class B). G.B.E. pleaded no contest to reckless driving and was convicted.
- In July 2012 G.B.E. petitioned to expunge all records related to the original DWI arrest on the ground the DWI charge was dismissed.
- The trial court granted expunction over the Texas Department of Public Safety’s (DPS) objection; DPS appealed.
- The sole legal dispute was statutory: whether Article 55.01(a)(2) of the Texas Code of Criminal Procedure permits expunction of records for a dismissed charge when another charge arising from the same arrest resulted in a final conviction pursuant to a plea bargain.
- The trial court’s factual findings were undisputed: the DWI was dismissed in connection with a plea to reckless driving and G.B.E. was convicted of reckless driving.
- The Court of Appeals (en banc) reversed and rendered judgment denying expunction, holding the statute precludes expunction under these circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Article 55.01(a)(2)’s requirement that “the charge, if any, has not resulted in a final conviction” permits expunging records for a dismissed charge when another charge from the same arrest resulted in a conviction | G.B.E.: statute is charge‑based; only the specific charge sought to be expunged must not have resulted in a final conviction (DWI was dismissed) | DPS: statute is effectively arrest‑based for this inquiry; if any charge arising from the arrest resulted in a final conviction, expunction is unavailable | Held: expunction unavailable where a dismissed charge from a multi‑charge arrest led to a final conviction on any charge arising from the same arrest (trial court abused discretion) |
Key Cases Cited
- Travis Cnty. Dist. Attorney v. M.M., 354 S.W.3d 920 (Tex. App.—Austin 2011) (en banc) (construing expunction statute and rejecting charge‑by‑charge expunction under prior statute)
- Travis Cnty. Dist. Attorney v. J.S.H., 37 S.W.3d 163 (Tex. App.—Austin 2001) (interpreting “final conviction” in expunction context)
- Rodriguez v. State, 224 S.W.3d 783 (Tex. App.—Eastland 2007) (dismissal in exchange for plea to lesser offense defeats expunction)
- In re O.R.T., 414 S.W.3d 330 (Tex. App.—El Paso 2013) (refusing expunction where dismissed charge related to arrest was followed by conviction on another charge)
- Ex parte Elliot, 815 S.W.2d 251 (Tex.) (reversal of expunction applies to all respondents and directs return of records)