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In re Expunction of M.R.

Since there is no evidence to support appellee's expunction for her offense of abandonment/endangerment of a child, and because she did not meet her burden of showing how she is entitled to an expunction pursuant to Subsection (i) or (ii) of Article 55.01(a)(2)(A) of the Texas Code of Criminal Procedure, the trial court abused its discretion in ordering her record expunged. El Paso Court of Appeals, No. 08-09-00058-CV, 10-01-2010

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OPINION

El Paso County Sheriff’s Department, El Paso County Attorney’s Office, El Paso County Clerk’s Office, et al. (“El Paso County” or “the County”) appeal a grant of expunction for M.R.’s offense of abandonment/endangerment of a child. On appeal, the County argues the trial court erred because the limitations period for the charged offense had not expired, and because M.R. failed to provide any evidence that the indictment was dismissed because presentment had been made due to mistake, false information, or another reason indicating absence of probable cause. We reverse and render.

On May 2, 2007, M.R. was indicted for the felony offense of abandoning or endangering a child younger than fifteen years of age. The indictment alleged that M.R. “intentionally, knowingly, recklessly, or with criminal negligence, by act, [engaged] in conduct that placed… a child younger than 15 years of age, in imminent danger of bodily injury, by leaving [the child] in a baby carrier behind a vehicle in a parking lot….” The alleged offense occurred on October 29, 2006. On October 25, 2007, the State filed a motion to dismiss this offense because M.R. had completed a parenting class. On September 12, 2008, M.R. filed her petition for expungement for the charged offense. On December 8, 2008, M.R. filed her amended petition for expungement. Appellants filed their answer denying the allegations in M.R.’s petition and demanded strict proof of those allegations. On October 21, 2008, the Texas Department of Public Safety filed its answer in opposition to M.R.’s petition. After a hearing on the case, the trial court entered an order on January 28, 2009 to expunge M.R.’s criminal records.

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