Texas Dept of Public Safety v. Arbelo

Through a restricted appeal, the Texas Department of Public Safety (DPS) asks that we reverse an Order of Expunction signed on July 22, 2004. The subject of the order is Jessie McGlocklin Arbelo (Arbelo). The record discloses that 1) Arbelo petitioned for expunction of all her criminal records and files on July 15, 2004, 2) a copy of the petition was sent to the DPS by certified mail, return receipt requested, and 3) the DPS received the petition on July 22, 2004, or the day the court signed the expunction order. According to the DPS, the order should be reversed because it was executed in violation of pertinent statute, i.e. that the trial court failed to hold the hearing and inform the DPS of the hearing date within the parameters established by statute. We agree and reverse the order.