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Criminal Law Click here for the full text of this decision FACTS: Richard Wayne Gray Jr. petitioned the trial court to expunge all records and files relating to an April 25 arrest. The trial court granted the state’s motion for summary judgment. The appellant appeals the trial court’s denial of his petition for expunction, arguing that he satisfied all of the statutory requirements for expunction. On March 31, 1997, the trial court convicted appellant of an offense, sentenced him to two years confinement in a state jail, suspended imposition of sentence, and placed appellant on community supervision for two years. On March 2, 1998, the trial court revoked appellant’s community supervision in the case. On April 25, 1997, appellant was arrested and charged with failure to register as a sex offender. Ultimately, the trial court dismissed this charge. The appellant petitioned the court to expunge all records and files relating to his April 25 arrest. The state moved for summary judgment alleging that appellant’s March 31, 1997, conviction required the trial court to deny the expunction petition. On April 4, 2002, the trial court granted the state’s summary judgment and denied appellant’s motion. On June 14, 2002, Gray filed his notice of appeal and moved for an extension of time to file a notice of appeal. Gray’s motion alleged that he did not become aware of the April 4 judgment until May 15, 2002. HOLDING: Affirmed. Generally, an appellant must file his notice of appeal within 30 days after the trial court signs the judgment or order. Texas Rule of Appellate Procedure 26.1 (a). The appellate rules allow the trial court to extend the 30-day period when a party is unaware of the trial court’s judgment. Rule 4.2(a). To obtain the additional time, however, a party must comply with the procedure set out in Texas Rule of Civil Procedure 306a.5. After hearing a rule 306a.5 extension motion, “the trial court must sign a written order that finds the date when the party or [his] attorney first either received notice or acquired actual knowledge that the judgment or order was signed.” Texas Rule of Appellate Procedure 4.2(c). The time to appeal begins when the trial court determines the time the party received notice or acquire actual knowledge of the signed judgment, whichever is earlier. Rule 4.2(a)(1). Although the appellant moved to extend the time for filing his notice of appeal under rule 306a, the record contained no written order by the trial court finding the date when Gray received notice or actual knowledge of the April 4 judgment. The court abated this matter and ordered the trial court to conduct a hearing and enter an order on the rule 306a motion. The trial court’s order indicates that the appellant first received notice of the April 4, 2002, order granting summary judgment on May 15, 2002. Accordingly, the appellant’s notice of appeal filed on June 14, 2002 was timely. The appellant contends the trial court erred in denying his expunction petition because he satisfied all of the statutory prerequisites including the requirement that he have no felony conviction in the five years preceding the arrest he seeks to expunge. Appellant specifically asserts his March 31, 1997, conviction was not final until his community supervision was revoked, which occurred after his arrest for failure to register. A trial judge may, after conviction, suspend the imposition of that sentence and place a defendant on probation. Texas Code of Criminal Procedure article 42.12 �3(a). The court deems a probated conviction final even if the trial court never revoked that probation or the revocation of probation was pending on appeal. Because appellant’s March 22, 1997 conviction was a final conviction that occurred within the five years preceding the arrest appellant sought to expunge, the trial court did not err in denying the appellant’s expunction petition. OPINION: Maloney, J.; Moseley, O’Neill and Maloney, JJ.

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