If defendant receives dismissal of Class C offense filed in JP Court, can the defendant file a petition for expunction of that arrest in ANY JP Court or Municipal Court of record that is in the same county? Reading the plain language, I'm assuming the answer is yes.
CCP, Art. 55.02, Section 2,(a-1).
(a-1) If the arrest for which expunction is sought is for an offense punishable by fine only, a person who is entitled to expunction of records and files under Article 55.01(a) or a person who is eligible for expunction of records and files under Article 55.01(b) may file an ex parte petition for expunction in a justice court or a municipal court of record in the county in which:
(1) the petitioner was arrested; or
(2) the offense was alleged to have occurred.
Yes. The only time the expunction has to be handled out of the same court that handled the criminal case is for an acquittal.
This is opposed to nondisclosures, which may ONLY be handled in the court that did the criminal case.
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