Ex Parte Emily Kay Smirl

OPINION

Patrick A. Pirtle, Justice

Appellant, the State of Texas, brings this appeal challenging the trial court’s order granting the Petition for Expunction of Records filed by Appellee, Emily Kay Smirl. By a single issue, the State maintains the trial court abused its discretion when it granted her petition. We affirm.

Background

The underlying facts of this case are undisputed. On January 1, 2012, Smirl was arrested for and subsequently charged with the offense of driving while intoxicated, a Class B misdemeanor. 1 Following the denial of her motion to suppress and pursuant to a plea bargain,…