In his second issue, Appellant argues the trial court erred when it denied his petition to expunge his Jarrest for possession of less than two ounces of marijuana (a Class B misdemeanor). The record before this court contains neither a petition to expunge that arrest nor an order ruling on such a petition.2 Accordingly, that issue is not properly before us and we may not address it. at (a)(2)(B).1 In his first issue, Appellant claims the records of his Jarrest for possession of drug paraphernalia, a Class C misdemeanor, should be expunged. Appellant was arrested for two charges and tried for neither therefore, in order to be entitled to expunction, he was required to demonstrate (1) he was released (2) the charge did not result in a final conviction (3) the charge is no longer pending (4) there was no courtordered community service under Chapter 42A and (5) the statute of limitations has expired. Expunction proceedings are civil rather than criminal in nature, and the petitioner bears the burden of proving that all statutory requirements have been satisfied. The People of Texas are statutorily “entitled to have all records and files relating to arrest expunged” if they satisfy specific conditions. The trial court denied the petition in an order signed Septemand Appellant timely appealed. Appellant filed a pro se petition for expunction of records pursuant to article 55.01 of the Texas Code of Criminal Procedure. brings this appeal from the denial of his petition for expunction. On Appeal from the 458th District Court Fort Bend County, Texas Trial Court Cause No. Reversed and Remanded and Opinion filed September 1, 2020.
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