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Texas Department of Public Safety v. Wallace

The appellee's completion of deferred-adjudication community supervision and a dismissal of the misdemeanor theft charge against him does not entitle him to expunction of all files and records related to his arrest for the misdemeanor theft charge.

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The Texas Department of Public Safety (the “Department”) appeals the district court’s expunction order related to all files and records of Sean Michael Wallace’s April 1999 arrest for misdemeanor theft. See Tex. Code Crim. Proc. Ann. � 55.01(a) (West Supp. 2001). By a single issue, the Department contends that because Wallace was placed on deferred-adjudication community supervision following his arrest the district court erred in expunging Wallace’s arrest records. We will reverse the district court’s expunction order and render judgment denying expunction.

On April 29, 1999, Wallace was charged with misdemeanor theft. The next day he was arrested by La Grange police officers. Wallace pleaded nolo contendere to the offense and the court placed him on deferred-adjudication community supervision for one year. See Tex. Code Crim. Proc. Ann. art. 42.12, � 5 (West Supp. 2001). After Wallace complied with the terms and conditions of his community supervision, he was discharged from supervision, and on August 17, 2000, the court granted the State’s motion to dismiss the misdemeanor theft charges. In November 2000, following a hearing the district court granted Wallace’s request for expunction of all files and records related to his arrest for the misdemeanor theft charge. The Department appeals. *fn1

The right to expunction is a statutory privilege. State v. Knight, 813 S.W.2d 210, 212 (Tex. App.-Houston [14th Dist] 1991, no writ); State v. Autumn Hills Center, Inc., 705 S.W.2d181, 182 (Tex. App.-Houston [14th Dist.] 1985, no writ). In a statutory cause of action, all provisions are mandatory and exclusive, and a person is entitled to expunction only when all of the conditions have been met. Harris County Dist. Atty’s Office v. Burns, 825 S.W.2d 198, 202 (Tex. App.-Houston [14th Dist.] 1992, writ denied).

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