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October 2013 Archives

Two recent Texas appellate cases may have extended additional discretion to Texas agencies when it comes to an arrest which was subject to an expunction order.

Two recent Texas appellate cases may have extended additional discretion to Texas agencies when it comes to an arrest which was subject to an expunction order. See Gomez v. Tex. Educ. Agency, Educator Certification & Standards Div., 354 S.W.3d 905, 917-18 (Tex. App.-Austin 2011, pet. denied); and Bustamante v. Bexar County Sheriff's Civil Service Comm'n 27 S.W.3d 50, 53-54 (Tex. App.-San Antonio 2000, pet. denied). In both cases, the appellate court ruled that the agency could use the facts and circumstances surrounding an arrest as evidence against the individual, even though the arrest itself was later expunged.

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