Turley v. State

Because I think a trial court has discretion to grant or deny expungement under Ark.Code Ann. § 16-93-303,1 respectfully dissent. I agree with the majority that our decision in Luevano does not decide this case or support the State’s position. Although the trial court relied on Luevano’s holding that failure to revoke a defendant’s probation “ha[d] no bearing on the issue of whether a defendant fulfilled the terms of his probation for expungement purposes,” that was not the trial court’s ultimate decision in this case. The trial court determined that appellant did not comply with the terms of…