Ex Parte Scott

OPINION

DORSEY, Justice.

This is an appeal from a judgment denying petitioner’s request to have an arrest record expunged. We reverse and remand to the trial court to enter an order of expunction.

The record shows that petitioner filed a motion to expunge records relating to his arrest on April 6, 1971, for unlawfully carrying a pistol. He was tried on an information for that misdemeanor offense and found not guilty by a jury. Tex.Pen. Code Ann. § 46.02(a) (Vernon 1989).

Petitioner’s request to have the records expunged was denied because the trial court interpreted Tex.Code Crim.Proc. Ann. art.…