eBook details
- Title: Texas Department of Public Safety v. Wallace
- Author : Texas Court of Appeals
- Release Date : January 08, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The Texas Department of Public Safety (the ""Department"") appeals the district court's expunction order related to all files and records of Sean Michael Wallace's April 1999 arrest for misdemeanor theft. See Tex. Code Crim. Proc. Ann. § 55.01(a) (West Supp. 2001). By a single issue, the Department contends that because Wallace was placed on deferred-adjudication community supervision following his arrest the district court erred in expunging Wallace's arrest records. We will reverse the district court's expunction order and render judgment denying expunction. On April 29, 1999, Wallace was charged with misdemeanor theft. The next day he was arrested by La Grange police officers. Wallace pleaded nolo contendere to the offense and the court placed him on deferred-adjudication community supervision for one year. See Tex. Code Crim. Proc. Ann. art. 42.12, § 5 (West Supp. 2001). After Wallace complied with the terms and conditions of his community supervision, he was discharged from supervision, and on August 17, 2000, the court granted the State's motion to dismiss the misdemeanor theft charges. In November 2000, following a hearing the district court granted Wallace's request for expunction of all files and records related to his arrest for the misdemeanor theft charge. The Department appeals. 1