State v. Sink

This is an expunction case. The State of Texas appeals, urging in one point of error that the trial court erred in granting Miles B. Sink’s petition to expunge his arrest record because the dismissal in Sink’s criminal case did not show absence of probable cause. Sink moved this Court to dismiss the appeal on the ground that the State lacks standing as a party to directly appeal this ex parte matter. We sustain the State’s point of error and deny Sink’s motion. Accordingly, we reverse the trial court’s judgment and render judgment denying expunction of Sink’s arrest record.

We turn first to…