Summary
The Supreme Court of Texas held that the limitations-period requirement in Texas Code of Criminal Procedure article 55.01(a)(2)(A)(i) applies to expunction petitions involving both felony and misdemeanor arrests. Because Judy Beam filed her petition before the two-year limitations period for the underlying misdemeanor expired, the Court reversed the court of appeals and rendered judgment for the State.
Topics
Practice areas
Questions Presented
- Whether Texas Code of Criminal Procedure article 55.01(a)(2)(A)(i) requires the limitations period for the underlying offense to have expired before a person may petition for expunction when the arrest involved a misdemeanor.
- Whether Beam was entitled to expunction before expiration of the applicable two-year limitations period.
Holdings
- The limitations-period requirement in Texas Code of Criminal Procedure article 55.01(a)(2)(A)(i) applies to both felony and misdemeanor offenses.
- Beam was not entitled to seek expunction because the limitations period for the underlying misdemeanor had not expired when she filed her petition.
Key quotations
“We disagree and hold that the limitations requirement in article 55.01(a)(2)(A)(i) applies to both felonies and misdemeanors.” (at 393)
“The statute uses the word "and" to connect paragraph (2)(A) and (2)(A)(i), meaning that both requirements must be met before a party is entitled to expunction.” (at 394)
“Even though Beam was arrested for a misdemeanor offense, she must wait until the two-year limitations period expires on June 20, 2007 before she may seek expunction” (at 395)
Factual background
Judy Beam was arrested on June 20, 2005, and charged with a misdemeanor. Pursuant to a plea agreement, the charge was dismissed and Beam received deferred adjudication on a lesser disorderly-conduct charge. She filed an expunction petition on February 16, 2006, before the two-year limitations period for the underlying misdemeanor had expired.
Procedural history
Beam was arrested and charged with a misdemeanor, entered a plea agreement under which the charge was dismissed and she received deferred adjudication on a lesser disorderly-conduct charge, and then petitioned for expunction before two years had elapsed. The trial court granted expunction, and the court of appeals affirmed, holding that Texas Code of Criminal Procedure article 55.01(a)(2)(A) did not apply when the expunction involved a misdemeanor. The Supreme Court of Texas reversed and rendered judgment for the State without hearing oral argument.