B.J. — Court affirms denial of expunction because the arrest resulted in a conviction

Unreported / Non-Citable

Background

In 2000, B.J. was charged with assault on a family or household member. She pleaded no contest to an offense described as “Assault W/Bodily Injury Reduced to Assault,” a Class C misdemeanor. The county court accepted the plea, found her guilty, and imposed a $100 fine and court costs.

In 2025, B.J., representing herself, petitioned to expunge the records of the arrest. Her petition asserted that no information or indictment had been presented and that the limitations period had expired, but the record showed that the charge had resulted in a conviction. The State and the Texas Department of Public Safety opposed the petition, and the district court denied it.

The Court’s Holding

The Third Court of Appeals affirmed. Under Article 55A.051 of the Texas Code of Criminal Procedure, the expunction provision on which B.J. relied applies only when the charge did not result in a final conviction, is no longer pending, and the other statutory requirements are met.

Because B.J. was convicted of the Class C misdemeanor assault charge, she did not satisfy the statute’s no-final-conviction requirement. The court therefore held that the trial court did not abuse its discretion by denying her petition.

Key Takeaways

• Expiration of the limitations period does not establish expunction eligibility when the charge resulted in a final conviction.
• A Class C misdemeanor conviction does not satisfy Article 55A.051’s requirement that the charge have resulted in no final conviction.
• The appellate court reviews statutory interpretation de novo but reviews the ruling on an expunction petition for abuse of discretion.

Why It Matters

The decision underscores that expunction is available only when the petitioner meets every applicable statutory condition. A petitioner cannot rely on provisions addressing unfiled or time-barred charges when the official record instead shows a conviction.

The opinion also applies Chapter 55A, the nonsubstantive recodification of Texas law governing expunctions that became effective January 1, 2025.