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TEXAS DEPT. OF PUBLIC SAFETY v. DICKEN

No. 04-12-00576-CV.

415 S.W.3d 476 (2013)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant v. Timothy Timothy DICKEN, Appellee.

Court of Appeals of Texas, San Antonio.

October 2, 2013.

Attorney(s) appearing for the Case

D. Kaylyn Betts , Austin, TX, for Appellant.

Edward F. Shaughnessy, III , Attorney at Law, Thomas G. Keyser , San Antonio, TX, for Appellee.

Sitting: KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, PATRICIA O. ALVAREZ, Justice.

Opinion by: PATRICIA O. ALVAREZ, Justice.

The Texas Department of Public Safety appeals the expunction of all records and files relating to Appellee Timothy Dicken's offense of possession of a controlled substance. On appeal, the Department argues the trial court erred in interpreting the expunction statute to allow the destruction of records of individual offenses, as opposed to records of the arrest. Because Dicken failed to prove the statutory requirements of Texas...

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