Texas Department of Public Safety v. Erica Kay Jackson
05-14-00464-CV
Tex. App.Jun 4, 2015Background
- Jackson was charged with possession of a controlled substance and granted deferred adjudication and community supervision for 12 months on May 17, 2011.
- Jackson filed an out-of-time Motion for New Trial after alleging she had successfully completed the deferred probation term; the County Court granted the Motion.
- The prosecutor moved to dismiss in the interest of justice; on September 11, 2013 the County Court dismissed the criminal action.
- On October 1, 2013 Jackson petitioned for expunction of all records related to the arrest; DPS opposed arguing Jackson had deferred adjudication and served community supervision.
- The trial court held a hearing; DPS did not appear, but the DA’s office did not oppose expunction; the court entered an order of expunction.
- DPS filed a restricted appeal arguing error is apparent on the face of the record and the expunction order should be void.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jackson proved there was no court-ordered community supervision. | Jackson contends the community supervision ended and was dissolved after completion. | DPS argues Jackson remained under court-ordered community supervision under article 42.12. | No; the trial court’s grant of expunction was void because jurisdiction over the community supervision ended upon completion, not when Motion was filed. |
Key Cases Cited
- Texas Dep’t of Pub. Safety v. Foster, 398 S.W.3d 887 (Tex. App.—Dallas 2013) (expunction statutory framework; strict compliance required)
- In re Cherry, 258 S.W.3d 332 (Tex. App.—Austin 2008) (trial court lacks jurisdiction to modify after supervision expires; discharge compelled)
- Fourrier v. Collin Cnty. Dist. Attorney’s Office, 453 S.W.3d 536 (Tex. App.—Dallas 2014) (strict compliance with expunction statute; abuse of discretion standard)
- Bank of New York Mellon v. Redbud 115 Land Trust, 452 S.W.3d 868 (Tex. App.—Dallas 2014) (restricted appeal record contains pleadings and reporter’s record; review limited to face of record)
- Tex. Dep’t of Pub. Safety v. Lejeune, 297 S.W.3d 254 (Tex. 2009) (restricted appeal requires facial error on the record)