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In the Matter of the Expunction of Laura Sue Worrell

El Paso County appeals an order of expunction in relation to an arrest for possession of marijuana, under two ounces. Since it was the defendant's burden to prove her right to an expunction under Texas Code of Criminal Procedure Article 55.01, and as the trial court had no equitable ability to grant her petition absent compliance with the statute, the trial court's order constituted an abuse of discretion. Accordingly, the county's sole issue is sustained; the trial court's expunction order is reversed; and the petition for expunction is denied. El Paso Court of Appeals, No. 08-08-00292-CV, 01-05-2011

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OPINION

El Paso County appeals an order of expunction in relation to an arrest for possession of marijuana, under two ounces. For the reasons that follow, we reverse and render judgment denying the petition for expunction.

In 2001, Laura Sue Worrell was arrested for the offense of possession of marijuana, under two ounces. Pursuant to an agreement with the County Attorney, Ms. Worrell completed a pretrial diversion program and the charges were dismissed on April 2, 2002. On June 20, 2008, Ms. Worrell filed a petition to expunge the records of her 2001 arrest. El Paso County answered the petition in opposition of the expunction, claiming that pursuant to Ms. Worrell’s agreement with the County Attorney, which permitted her to participate in pretrial diversion, and which lead to the charges being dismissed, she had also waived her right to seek expunction of the arrest records.

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