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eBook details

• Title: City of fort Worth v. D.T.
• Author : In the Court of Criminal Appeals of Texas
• Release Date : January 05, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

The only issue we address in this appeal is whether Appellant City of Fort Worth possessed standing to bring a motion to set aside the trial courts order of expunction entered in favor of Appellee D.T.. Fort Worth, D.T.s employer, was not listed in D.T.s expunction petition as a law enforcement entity having records or files subject to expunction, and accordingly, it received no notice of the expunction proceedings. See Tex. Code Crim. Proc. Ann. art. 55.02, § 2(b)(8), (c) (Vernon Supp. 2004-05). After the trial court entered an expunction order, Fort Worth filed a motion to set it aside, but the trial court ruled that Fort Worth lacked standing. Because Fort Worth was not a party to the expunction proceedings, is not bound by the expunction orders mandate to destroy records or to return them, and will not suffer, by virtue of the expunction order, any peculiar injury not suffered by the public generally, we hold that Fort Worth lacked standing to challenge the order of expunction. We affirm.

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