Just because you have been tried and sentenced
does not mean your case is over. The Law Offices
of Michael Lowe also handles both state and federal
appeals. In addition, Mr. Lowe handles state
and federal writs of habeas corpus and new trial
motions. Mr. Lowe has appealed numerous criminal
cases in both state of Texas and federal 5 th
Circuit ( Texas, Louisiana & Mississippi)
courts of appeals. Whether it’s an 11.07
state writ of habeas corpus or a §2254 or §2255
federal writ of habeas corups, Michael Lowe stands
ready to fight back.
Some of Mr. Lowe’s appellate victories
have changed Texas criminal law. For example:
Court of Appeals of Texas ,
Corpus Christi-Edinburg.
(Name Redacted),
Appellant,
v.
The STATE of Texas ,
Appellee.
No. 13-04-250-CV.
Aug. 4, 2005 .
On appeal from the 156th District Court of
Bee County , Texas ; Joel
B. Johnson , Judge.
Pursuant to Texas
Government Code section 411.081 , the appellant petitioned the 156th Judicial
District Court of Bee County , Texas , to seal
his criminal record relating to a prior felony
theft charge. SeeTex.
Gov't Code Ann. § 411.081(d) (Vernon
2005). After a hearing, the trial judge denied
appellant's petition. By two issues, appellant
contends (1) the trial court erred by not conducting
a hearing on the issue of whether it is in
the best interest of justice to grant the petition,
and (2) the evidence is insufficient to support
the trial court's decision that it is not in
the best interest of justice to grant his petition.
We reverse and remand.
I. BACKGROUND
In 1980, appellant entered a plea of guilty
or nolo contendere to the felony offense of theft
and was placed on deferred adjudication community
supervision. Ten years later, at the end of the
period of supervision, the trial court dismissed
the proceedings against appellant and discharged
him from further community supervision. After
waiting ten years, as mandated by statute, appellant
filed a petition for non-disclosure in an attempt
to prohibit criminal justice agencies from disclosing
information related to his deferred adjudication. See
id. A hearing was held on appellant's petition.
The trial court denied the petition finding that
such non-disclosure was not in the best interest
of justice. This appeal ensued.
II. ANALYSIS
By his first issue, appellant argues the trial
court erred by not conducting a hearing
on the issue of whether it was in the best interest
of justice to grant the petition.
Under section
411.081 of the government code , after
a person files a petition for non-disclosure,
the trial court is to conduct a hearing on
(1) whether the person is entitled to file
the petition and (2) whether issuance
of the order is in the best interest of justice. Id. In
this case, the trial court convened a hearing.
However, at the hearing, the trial court heard
only testimony addressing the issue of whether
appellant met the statutory requirements *837 for
filing his petition. [FN1]See
id. The hearing did not address whether
issuance of the order for non-disclosure would
be in the best interest of justice. See
id. We conclude that the trial court erred
in making its ruling without addressing the
issue of whether granting the order would be
in the best interest of justice at the hearing.
Appellant's first issue is sustained. [FN2]
FN1. After
the hearing, the trial court found that all statutory
requirements for review of the case were met.
FN2. Given
our disposition of this issue, we need not address
appellant's remaining issue. SeeTex.R.App.
P. 47.1 .
III. CONCLUSION
Accordingly, we reverse the decision of the
trial court and remand this case for further
proceedings consistent with this opinion. 170
S.W.3d 836
Dallas Law Firm is a Texas, Dallas based criminal defense law firm practicing in the areas of Criminal Defense, DUI, DWI. Michael Lowe, a board certified criminal defense lawyer is dedicated to representing clients accused, investigated or charged in state or federal criminal matters.
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