Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Texas Department of Public Safety v. S. A. M.

Court of Appeals of Texas, Fourteenth District

July 11, 2019

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant
v.
S. A. M., Appellee

          On Appeal from the 51st District Court Tom Green County, Texas Trial Court Cause No. A150480C

          Panel consists of Justices Christopher, Hassan, and Poissant.

          MEMORANDUM OPINION

          MARGARET "MEG" POISSANT, JUSTICE

         This appeal is brought by the Texas Department of Public Safety (the "Department") complaining of the trial court's order granting S.A.M.'s ("Sam") petition for expunction.[1] We reverse and render in part and affirm in part.

         Factual and Procedural Background

         Sam filed a petition to expunge two arrests pursuant to Chapter 55 of the Texas Code of Criminal Procedure. According to Sam's petition, the first arrest occurred on August 29, 1987, for the offense of criminal mischief, a Class A misdemeanor. Sam alleged it was dismissed on April 12, 1988. The second arrest took place on February 12, 1988, for indecent exposure, a misdemeanor. Regarding that arrest, Sam stated he "believes charge was dismissed by the County Attorney of Tom Green County, Texas." Sam stated that he was entitled to expunction of both arrests on the grounds:

1.Petitioner has been released from custody on these charges and the charges have not resulted in a final conviction.
Further, Petitioner is not under the supervision of any court pursuant to Article 42.12, Code of Criminal Procedure.
2. Petitioner has not been convicted of a felony in the five (5) years preceding the date of the arrest.

         The Department filed an answer on February 5, 2016, arguing Sam was not entitled to expunction for either arrest.

         The trial court conducted a hearing on November 20, 2017. Sam testified that he was arrested on August 29, 1987, for the Class A misdemeanor of criminal mischief and that charge was dismissed in April of 1988. Further, Sam testified that he was arrested on February 12, 1988, for indecent exposure, a misdemeanor. According to Sam:

• he never went to court on that case;
• he did not plead guilty to that offense;
• it was his belief that it was dismissed by the County Attorney of Tom Green County;
• the Tom Green County Attorney had "signed off on a proposed order of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.