Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
EX PARTE VICTORIA DURAN GAYTAN N/K/A VICTORIA GAYTAN
appeal from the 107th District Court of Cameron County,
Justices Rodriguez, Contreras, and Benavides
V. RODRIGUEZ JUSTICE
trial court granted expunction of criminal records for
appellee Victoria Duran Gaytan n/k/a Victoria Gaytan. This
restricted appeal was filed by appellant, the Texas
Department of Public Safety (DPS). By two issues, DPS argues
that the trial court misinterpreted the expunction statute
and that the evidence is insufficient to support the
expunction. We reverse and remand.
2016, Gaytan filed her petition for expunction. Gaytan
alleged that she had previously been arrested for three
offenses in Cameron County-from 2003, 2005, and 2010,
respectively-each of which she sought to have expunged.
most recent arrest was for DWI on January 1, 2010, which is
the subject of this appeal. Gaytan alleged that she was
entitled to expunction of all records related to her 2010
arrest because the arrest did not result in a conviction or
community supervision, and because she satisfied other
statutory conditions which are not in dispute.
filed an answer and general denial. DPS asserted that Gaytan
was not eligible for expunction because the 2010 arrest
had in fact resulted in a conviction for deadly
conduct: the initial charge of DWI was dismissed and Gaytan
was recharged with deadly conduct; Gaytan pleaded guilty and
received community supervision. DPS also attached various
documents to its answer, including a signed "Judgment on
Plea of Guilty" for the deadly conduct offense.
Accordingly, DPS contended that Gaytan did not satisfy the
statutory criteria for expunction.
April 28, 2016, the trial court held a hearing on
Gaytan's petition for expunction, at which Gaytan and the
Cameron County District Attorney appeared. DPS did not
appear. The hearing was exactly sixty-nine words long:
Counsel for Gaytan: May I approach, Judge? It's an agreed
order of expunction. We'll rest on the petition, if there
is no objection.
The State: . . . We would stipulate as to the facts laid
out in the verified petition for expunction, Judge. We have
The Court: All right. If that's the case, I'll go
ahead and grant the expunction.
Counsel for Gaytan: May we be excused, Judge?
The Court: You're excused.
same day, the trial court entered an agreed order of
expunction for all three offenses. DPS filed this restricted
appeal on October 28, 2016, but only as to Gaytan's 2010
arrest for DWI.
A.The First Three Requirements of a ...