Travis County District Attorney v. M.M.
2011 Tex. App. LEXIS 9659
| Tex. App. | 2011Background
- In 2004, M.M. was arrested after police observed traffic violations and resisted arrest, culminating in a bite on an officer; charges included DWI, resisting arrest, and assault of a public servant.
- As part of a plea bargain, the DWI charge was abandoned, M.M. pled no contest to resisting arrest, and admitted guilt to assault of a public servant for sentencing purposes.
- The court sentenced M.M. to two years of deferred-adjudication community supervision, taking the admitted assault into account under Texas Penal Code § 12.45.
- In 2007, M.M. sought expunction of records relating to the DWI and assault charges; the DA and others opposed, arguing statutory requirements were not met.
- The trial court granted the expunction petition; the DA appealed, arguing MM failed to satisfy the expunction statute.
- The court held MM was not entitled to expunction because (i) a felony indictment for assault was presented and not dismissed, and (ii) expunction targets the arrest records, not individual charges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether arrest records may be expunged when a felony indictment was not dismissed | MM argues the arrest records for DWI and assault should be expunged, treating the arrest as the unit of expunction. | DA argues that a felony indictment not dismissed disqualifies expunction for all charges arising from the arrest. | MM not entitled; indictment not dismissed bars expunction under former art. 55.01(a)(2)(A). |
| Whether admitting guilt under section 12.45 constitutes a dismissal for expunction purposes | MM contends that taking the admitted offense into account effectivelyDismisses it. | DA maintains that section 12.45 does not constitute a dismissal and the indictment remained pending. | Not a dismissal; the indictment remained pending and 12.45 does not trigger expunction. |
| Whether the expunction statute contemplates expunging records for individual charges from a single arrest | MM argues the units of expunction can be individual charges arising from the arrest. | DA contends the statute authorizes expunction of records relating to the arrest as a whole, not discrete charges. | Expunction limited to arrest records; cannot expunge individual charges when the arrest produced a non-dismissed felony indictment. |
Key Cases Cited
- Heine v. Texas Dep't of Pub. Safety, 92 S.W.3d 642 (Tex.App.-Austin 2002) (abuse of discretion standard in expunction review)
- Cire v. Cummings, 134 S.W.3d 835 (Tex.2004) (statutory construction and standard of review)
- Texas Dep't of Pub. Safety v. Nail, 305 S.W.3d 673 (Tex.App.-Austin 2010) (statutory interpretation and expunction standards)
- Ex parte S.C., 305 S.W.3d 258 (Tex.App.-Houston [14th Dist.] 2009) (expunction as a civil remedy; limitations)
- J.H.J., 274 S.W.3d 803 (Tex.App.-Houston [14th Dist.] 2008) (expunction remedies and limitations)
- Lacafta, 965 S.W.2d 568 (Tex.App.-Houston [14th Dist.] 1997) (statutory requirements for expunction)
- S.P.S. v. State, 2010 WL 668884 (Tex.App.-Austin 2010) (prior memorandum opinion on expunction scope)
- J.T.S., 807 S.W.2d 572 (Tex.1991) (public-interest in arrest records; expunction context)