Court of Appeals of Texas, Ninth District, Beaumont
Submitted on October 3, 2016
Appeal from the 253rd District Court Liberty County, Texas
Trial Cause No. CV-1509671
McKeithen, C.J., Horton and Johnson, JJ.
Texas Department of Public Safety (DPS) brings this
restricted appeal from an order expunging J.S.H.'s
criminal records related to two charges of driving while
intoxicated with a child under fifteen years old.
December 23, 2007, J.S.H was arrested in cause number CR27217
on two counts of driving while intoxicated with a child under
fifteen years of age. On July 15, 2015, J.S.H. filed a
petition to expunge the records relating to his arrest
because the charges had been dismissed, and he requested that
the following entities that he believed had records subject
to expunction be served with notice of the petition: (1)
Liberty Police Department; (2) Liberty County District
Attorney's Office; (3) Texas Department of Public Safety,
Crime Records Department; (4) Liberty County District
Clerk's Office; (5) Liberty County Sheriff's Office;
(6) Liberty County Clerk's Office; (7) Liberty County
Adult Probation; (8) Texas Department of Public Safety,
Expunctions; and the (9) Federal Bureau of Investigations. In
a letter filed and dated September 28, 2015, and addressed to
the Liberty County 253rd Court Coordinator, J.S.H.'s
counsel stated the following:
This letter is to confirm that a submission hearing has been
scheduled for Friday, October 9, 2015 at 9:00 a.m. in the
253rd District Court for submission of the
proposed Order for Expunction in the above referenced matter.
By copy of this letter, I am notifying all interested parties
of this setting.
This letter also serves as Lead Document for efiling the
Proposed Order for Expunction to be presented to the Court
for consideration on October 9, 2015.
letter noted that a copy ("cc") of the letter was
provided to the "First Assistant
Attorney" and J.S.H. No other interested parties are
listed in the "cc" section of the letter.
trial court held a hearing on the expunction petition on
October 9, 2015. J.S.H. appeared personally with his attorney
at the hearing and his attorney stated that J.S.H.'s
expunction petition was "uncontested[, ]" that all
parties were given notice, and that no parties filed a
response to the petition. That same day, the trial court
signed an Order for Expunction and ordered the entities named
in the expunction petition, as well as the Dayton Police
Department, to return all records and files concerning
J.S.H.'s arrest in CR27217 to the trial court, or if not
practical, to destroy such records or files. In accordance
with the expunction order, the district clerk delivered, by
certified mail, return receipt requested, a copy of the
expunction order to the ...