In the Matter of The Expunction of R.R.

• Decision Date: 16 March 2011
• Docket Number: No. 08–09–00218–CV.,08–09–00218–CV.
• Citation: 342 S.W.3d 126
• Parties: In the Matter of the Expunction of R.R.
• Court: Texas Court of Appeals

342 S.W.3d 126

In the Matter of the Expunction of R.R.

No. 08–09–00218–CV.

Court of Appeals of Texas, El Paso.

March 16, 2011.

Kitty Schild, Naomi R. Gonzalez, Assistant County Attorneys, El Paso, TX, for Appellant.Ruben P. Morales, El Paso, TX, for Appellee.Before CHEW, C.J., McCLURE, and RIVERA, JJ.

OPINION

DAVID WELLINGTON CHEW, Chief Justice.

El Paso County (the “County”) appeals an order of expunction in relation to an arrest for family violence assault. For the reasons set forth below, we affirm.

On April 15, 2009, R.R. filed a petition for expunction of records pertaining to an arrest for family violence assault. R.R. alleged that El Paso County District Attorney's Office dismissed the information presented against him, that he had been released from custody on this charge, that any charges against him arising out of the transaction for which he was arrested did not result in a final conviction and were no longer pending, that there was no court-ordered probation on this matter, and that he had not been convicted of a felony in the five years preceding the family violence assault arrest. In its answer, the County denied each and every single allegation in the petition and demanded strict proof thereof, and asserted the affirmative defense that the relevant statute of limitations did not expire prior to R.R.'s filing of the petition.

The trial court held a hearing on R.R.'s petition for expunction on June 25, 2009. At the conclusion of the hearing, the court determined that based on the evidence presented, “there [was] a mistake of fact and ... there were problems with probable cause as a result of that....” The court subsequently entered an order granting R.R.'s petition. The County filed its notice of appeal to appeal this order on July 15, 2009.

On appeal, the County raises a single issue in which it contends the trial court abused its discretion in granting R.R.'s petition. The County argues R.R. introduced no evidence that the indictment or information was dismissed because the presentment had been made because of mistake, false information, or other similar reason indicating an absence of probable cause at the time of the dismissal to believe the person committed the offense.

The right to expunction is a statutory privilege. In re E.R.W., 281 S.W.3d 572, 573 (Tex.App.-El Paso 2008, pet. denied); In re C.V., 214 S.W.3d 43, 44 (Tex.App.-El Paso 2006, no pet.). The statute gives people the opportunity to have all records of an arrest expunged provided certain requirements are met. Tex.Code Crim.Proc.Ann. art. 55.01 (West Supp.2010); In re E.R.W., 281 S.W.3d at 573; In re C.V., 214 S.W.3d at 44. All provisions in a statutory cause of action are mandatory and exclusive, and all conditions must be met before a person is entitled to expunction. In re E.R.W., 281 S.W.3d at 573; In re C.V., 214 S.W.3d at 44. A statutory expunction proceeding is civil rather than criminal in nature, and the petitioner bears the burden of proving compliance with the statute. In re E.R.W., 281 S.W.3d at 573; In re C.V., 214 S.W.3d at 44. Article 55.01 provides, in pertinent part:

(a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:

...

(2) each of the following conditions exist:

(A) an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed, and:

(i) the limitations period expired before the date on which a petition for expunction was filed under Article 55.02; or

(ii) the court finds that the indictment or information was dismissed or quashed because the person completed a pretrial intervention program authorized under Section 76.011, Government Code, or because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void;

(B) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision under Article 42.12 for any offense other than a Class C misdemeanor; and

(C) the person has not been convicted of a felony in the five years preceding the date of the arrest.

Tex.Code Crim.Proc.Ann. art. 55.01(a)(2).

Both parties agree that the only question before this Court is whether evidence was presented that allowed the trial court to find the indictment or information was dismissed or quashed because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void.

When the trial court is the trier of fact, a legal sufficiency challenge to the trial court's findings of fact is reviewed under the same standard that is applied in reviewing evidence supporting a jury's answer. In re E.R.W., 281 S.W.3d at 574; In re Expunction of J.A., 186 S.W.3d 592, 595 (Tex.App.-El Paso 2006, no pet.). A “no evidence” or legal insufficiency point is a question of law which challenges the legal sufficiency of the evidence to support a particular fact finding. In re E.R.W., 281 S.W.3d at 574; Serrano v. Union Planters Bank, N.A., 162 S.W.3d 576, 579 (Tex.App.-El Paso 2004, pet. denied). When the party with the burden of proof suffers an...