Heine V. Texas Dep't Of Public Safety

Appellant Michael F. Heine filed a petition for expunction, along with a motion for conference call, a motion for bench warrant, and a motion for court-appointed counsel. The trial court denied his motions and his petition, concluding that Heine did not satisfy the statutory requirements for expunction of his records and that his petition was barred by the statute of limitations. By five issues, Heine appeals the trial court's judgment. We hold that the trial court erred in calculating the date of Heine's prior felony conviction, in applying a four-year statute of limitations to the statutory privilege of expunction, and in failing to consider Heine's request for a hearing by conference call. We reverse the trial court's denial of the petition and render judgment that Heine's arrest be expunged.