TDCAA Community
SOL & misdemeanor expunctions

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/6531061151

June 01, 2007, 11:03
JAS
SOL & misdemeanor expunctions
A useful case today from the Texas Supreme Court on the statute of limitations barring an expunction in a misdemeanor case:

http://www.supreme.courts.state.tx.us/historical/2007/jun/060974.htm

JAS

[This message was edited by JAS on 06-01-07 at .]
June 01, 2007, 11:34
Andrea W
Hallelujah! I'm so glad this has been resolved. I was tired of hearing "but X county doesn't do it like that."

And reading over the opinion, what I find most interesting is not only that the SOL must run on a misdemeanor, but that the SOL must run even though the defendant got deferred for a Class C. We've been pretty strict on SOLs here, but once the Class C deferred was discharged, we were allowing the expunction. Anyone have any thoughts on this?
June 01, 2007, 11:38
JohnR
What, you don't have enough criminal appellate opinions to read over there in your new gig?
June 01, 2007, 14:18
JAS
Usually, I find reading new cases beats wondering about the fine details of TOA. But that's me. Sometimes, the content of the latter is preferable to the content of the former. But that, alas, is up to the courts.

JAS