Cause No 08-19-00109-CV - Eighth Court of Appeals - Ex Parte J.J.R.
Mar 27, 2020OUTCOME: Successful Appeal
Appeal of District Court denial of petition for expunction following acquittal for DWI 2nd. Texas Dept. of Public Safety opposed expunction arguing that even though client was found not guilty, it was ... barred because it was part of the "same criminal episode" as a DWI offense from 10 years prior for which he was convicted. The 8th COA ruled in our favor in part by reversing the District Court and remanding the case back for a hearing on the expunction, however the court did not make a ruling on the fundamental issue of whether expunction is barred by the language of the statute as DPS believes. Therefore, we will either have to wait until the TX Sup. Court rules on this issue in another case (because the 1st COA & 4th COA ruled the opposite way on this issue) or I set a date for the remanded hearing and pursue the appellate issue when DPS appeals or the judge denies the expunction on the merits after the hearing.
