State of Texas v. T.S.N.
Dallas Court of Appeals, No. 05-15-01488-CV (February 22, 2017)
Justices Bridges, Lang-Miers, and Schenck (Opinion, linked here)
The State nevertheless opposed expunction, arguing that article 55.01 is “arrest based” and that T.S.N. therefore was not entitled to expunction because she was convicted on the theft charge for which she was arrested along with the agg assault. But the trial court rejected that argument, and the appeals court agreed. In a case of first impression, the Dallas Court held that “where the arrest includes offenses for which the defendant could not be charged and tried in the aggregate, the arrest—and any subsequent expunction—stands or falls on each unrelated charge.” So, the mere fact that a person is arrested on multiple unrelated charges and is convicted on some will not foreclose expunction of those charges of which he or she is later acquitted. Each unrelated charge will be judged on its own.