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Travis County District Attorney v. M.M.

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OPINION

M.M. was arrested for driving while intoxicated (DWI), resisting arrest, and assaulting a peace officer. As part of a plea deal, the Travis County Attorney dropped the DWI charge, M.M. pleaded nolo contendere to the resisting-arrest charge, and M.M. admitted guilt of the assault charge and asked the trial court to take it into account in sentencing her on the resisting-arrest charge. See Tex. Penal Code Ann. § 12.45 (West 2003) (“section 12.45″) (defendant may admit guilt of unadjudicated offense and have it taken into account during sentencing on other offense of which defendant is adjudged guilty). The court sentenced M.M. to two years of deferred-adjudication community supervision. See Tex. Crim. Proc. Code Ann. art. 42.12 § 5 (West Supp. 2009). After completing her sentence, M.M. filed a petition seeking to expunge all records and files relating to her DWI and assault charges. See id. art. 55.01 (West Supp. 2009) (“article 55.01″). The Travis County Attorney, the Travis County District Attorney, and the Texas Department of Public Safety opposed the expunction, arguing that M.M. did not meet the statutory criteria for expunction. The trial court granted M.M.’s expunction petition, and the District Attorney appealed. We will affirm in part and reverse in part.

FACTUAL AND PROCEDURAL BACKGROUND

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