Ex parte D.A.P. — Texas appeals court let prosecutors retain specified arrest records and otherwise affirmed expunction

Case
Ex parte D.A.P.
Court
Texas Tenth Court of Appeals
Judge
Chief Justice Johnson; Justice Harris; Visiting Judge Wallace
Date Decided
August 20, 2026
Docket No.
10-26-00057-CV
Topics
Expunction; Arrest Records; Agreed Disposition
Source
Read the full opinion

Background

The Brazos County District Attorney’s Office, acting for the State of Texas, appealed a district-court judgment granting D.A.P. an expunction.

During the appeal, the parties reached an agreement. In exchange for the district attorney’s office ending its prosecution of the appeal, D.A.P. waived any right or privilege to expunction of that office’s records and files concerning his September 17, 1994 arrest for aggravated assault. The parties jointly asked the appellate court to modify the judgment accordingly and affirm it as modified.

The Court’s Holding

The Texas Tenth Court of Appeals granted the parties’ motion under Texas Rule of Appellate Procedure 42.1(a)(2)(A) and rendered judgment effectuating their agreement.

The court modified the trial court’s judgment to provide that the Brazos County District Attorney’s Office may retain its records and files related to D.A.P.’s September 17, 1994 aggravated-assault arrest. It affirmed the expunction judgment as modified.

Key Takeaways

  • The appellate court approved the parties’ agreed resolution of the State’s challenge to the expunction judgment.
  • The district attorney’s office may retain its records and files concerning the specified 1994 arrest.
  • The remainder of the trial court’s expunction judgment was affirmed as modified.

Why It Matters

The decision illustrates how parties may resolve an expunction appeal through an agreed appellate judgment that preserves a particular agency’s records while leaving the balance of the expunction judgment intact.

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