in Re State Bar of Texas

in which Chief Justice HECHT, Justice GREEN, Justice JOHNSON, Justice GUZMAN, Justice LEHRMANN, and Justice BROWN joined.

A person wrongfully arrested for a crime “is entitled to have all records and files relating to the arrest” expunged, if certain conditions are met. Tex.Code Crim. Proo. art. 55.01(a). One such condition is an acquittal. Id. art. 55.01(a)(1)(A). The statute thus serves to protect wrongfully-accused people by eradicating their arrest records.

In this original mandamus proceeding, the Commission for Lawyer Discipline complains that a former prosecutor, facing allegations of…