In re The Expunction of M.T.R.

Summary

The Texas Court of Appeals considered whether M.T.R. was entitled to expunction of records relating to his 2015 DWI arrest after he was acquitted. The court held that the arrest arose from a criminal episode involving M.T.R.’s prior BWI conviction because the offenses were repeated commission of the same or similar offenses under Texas Penal Code section 3.01(2). The court reversed the expunction order and rendered judgment denying the petition.

Holdings

1. A prior BWI conviction and a later DWI arrest constitute the repeated commission of the same or similar offenses under Penal Code section 3.01(2), even though the offenses occurred in different years and counties.
2. Article 55.01(c) prohibits expunction of records relating to an arrest for which the person was acquitted when the arrest arose out of a criminal episode and the person was convicted of at least one other offense occurring during that episode.

Questions Presented

1. Whether M.T.R.'s 2015 DWI arrest arose out of a criminal episode with his 2012 BWI conviction under Texas Penal Code section 3.01(2).
2. Whether Code of Criminal Procedure article 55.01(c) barred expunction of the 2015 DWI arrest records despite M.T.R.'s acquittal.

Disposition

reversed