Court of Appeals of Texas, Second District, Fort Worth
IN RE M.B. RELATOR
PROCEEDING TRIAL COURT NO. C2016374
PITTMAN, MEIER, and KERR, JJ.
MEMORANDUM OPINION 
2017, pro se Relator M.B. filed a petition for writ of
mandamus in this court, asking us to compel Respondent, the
Honorable Ralph H. Walton Jr., to hold a hearing, to rule on
Relator's petition for expunction, and to enter an order
of expunction. The State agrees that Relator is entitled to a
hearing and ruling. We conditionally grant relief in part.
Procedural and Factual Background
January 9, 2017, Relator filed a petition for expunction in
the 355th District Court, seeking the expunction of all
records and files arising out of a misdemeanor case in Hood
County for which he was acquitted several years ago.
See Tex. R. Evid. 201 (allowing courts to judicially
notice facts not subject to reasonable dispute); Tex. Code
Crim. Proc. Ann. art. 55.02, § 2(a) (West Supp. 2016)
(requiring the petition for expunction to be filed in a
district court for the county in which the petitioner was
arrested or the offense was alleged to have occurred). Within
the petition, he also asked that his petition be set for
hearing. Respondent has not yet set the petition for hearing
or ruled on it.
Relator filed a separate "Motion for Bench Warrant or in
the Alternative Motion for Hearing by Conference Call."
Respondent timely denied that motion. Relator attempted to
appeal that denial in this court, but this court dismissed
his appeal for want of jurisdiction because that order is an
unappealable interlocutory order. Ex parte M.B., No.
02-17-00070-CV, 2017 WL 2805871, at *1 (Tex. App.-Fort Worth
June 29, 2017, no pet.) (mem. op.). While that appeal was
still pending, Relator filed a noncompliant petition for writ
of mandamus in this court; his compliant petition seeking
mandamus relief in this court was filed July 17, 2017.
petition for writ of mandamus, Relator contends that
Respondent abused his discretion by
. failing to set the petition for expunction
. failing to rule on the petition for
. failing to order the expunction as
Standard of Review
relief is proper only to correct a clear abuse of discretion
when there is no "adequate remedy at law, such as a
normal appeal." In re H.E.B. Grocery Co., LP.,492 S.W.3d 300, 304 (Tex. 2016) (orig. proceeding) (quoting
State v. ...