Baker v. Texas Department of Public Safety
In Baker v. Texas Department of Public Safety, No. 03-00-00441-CV, 2001 WL 491162 (Tex.App.--Austin May 10, 2001, no pet.), the Austin Court of Appeals considered whether a person whose misdemeanor charge had been dismissed following completion of a pretrial diversion program could obtain an expunction.
The court analyzed Tex. Code Crim. Proc. Article 55.01 and concluded that a person charged with a misdemeanor offense could satisfy Article 55.01(a)(2)(A) by showing either that the person was not charged by indictment or information with a felony offense arising out of the transaction underlying the misdemeanor offense or that if a felony charge had been brought against the petitioner it was dismissed for one of the reasons listed in the statute.
Because Baker had been charged with a misdemeanor only, she did not have to prove that an indictment had been dismissed for one of the statutory reasons. Id.
The court concluded that the petitioner had satisfied the statutory requirements because she had been released, she was not convicted of the misdemeanor, the charge was dismissed, and no court-ordered community supervision had been ordered.