Ronette Elaine Relerford v. The State of Texas--Appeal from 252nd District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-02-016 CR
____________________
RONETTE ELAINE RELERFORD, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. X-383
OPINION

Ronette Elaine Relerford petitioned the district court for an expunction of all criminal records and arrest records arising from an alleged theft offense. The Jefferson County District Attorney's Office, the Texas Department of Public Safety, and the Beaumont Police Department filed responses to the petition. The trial court denied the petition, and Relerford appealed.

In the sole issue raised in the appeal, Relerford contends that the trial court erred in failing to grant her request for expunction of records. Relerford's petition recites that "Petitioner was tried and convicted for the offense, but subsequently an order dismissing deferred Adjudicating Orders was signed on June 22, 1992." Documents attached to the City's answer include an information charging Relerford with class B theft, a written plea of "GUILTY/NOLO CONTENDERE" in Cause No. 158611, an order deferring adjudication of guilt and placing Relerford on probation for one year, and a docket sheet bearing the notation "6/22/92 Dismissed."

Relerford pleaded that she was entitled to expunction under the section of the statute applicable to persons who are "convicted and subsequently pardoned." See Tex. Code Crim. Proc. Ann. art. 55.01(a)(1)(B) (Vernon Supp. 2002). A pardon is issued by the Governor, not a county court at law. See Tex. Const. art. 4, sec. 11; Tex. Code Crim. Proc. Ann. arts. 48.01-.03 (Vernon Supp. 2002). Assuming the county court at law dismissed the information under what is now Texas Code of Criminal Procedure Article 42.12, 20, that dismissal could not be a "pardon" for purposes of Article 55.01(a)(1)(B). Likewise, Relerford is not entitled to expunction under Article 55.01 (a)(2)(B), which requires that "the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision under Article 42.12 . . . ." Tex. Code Crim. Proc. Ann. art. 55.01(a)(2)(B) (Vernon Supp. 2002). Misdemeanor deferred adjudication probation is court ordered community supervision under Article 42.12. Texas Dep't of Public Safety v. Wallace, 63 S.W.3d 805, 807 (Tex. App.--Austin 2001, no pet.); Perdue v. Texas Dep't of Public Safety, 32 S.W.3d 333, 335 (Tex. App.--San Antonio 2000, no pet.); Texas Dep't of Public Safety v. Butler, 941 S.W.2d 318, 321 (Tex. App.--Corpus Christi 1997, no writ); State v. Knight, 813 S.W.2d 210, 212 (Tex. App.--Houston [14th Dist.] 1991, no writ).

The record shows on its face that the appellant is not entitled to have her criminal records expunged. We find no error in the trial court's denial of the petition. Accordingly, we overrule the issue and affirm the judgment of the trial court.

AFFIRMED.

 

PER CURIAM

 

Submitted on September 10, 2002

Opinion Delivered September 18, 2002

Do Not Publish

 

Before Walker, C.J., Burgess and Gaultney, JJ.