Defendant was subject to order of expunction and failed to return or obliterate files/reports that were ordered expunged. How do I provide discovery without violating 55.04? How do I present evidence at trial without violating 55.04? Art. 55.03 provides that the use of expunged records for ANY purpose is prohibited. Any advice would be greatly appreciated.

It's a tough question. I haven't seen anyone else actually prosecuted under this section, so it hasn't really been worked out. My best advice would be to go back to the court that granted the expunction and ask for an exception to be added pursuant to Art. 55.02, Section 4(a-2), which authorizes the police and prosecutor to use records necessary in another criminal case.