In re the Expunction of J.S.

OPINION

GUADALUPE RIVERA, Justice.

Appellant, J.S., appeals the trial court’s order modifying his prior order of expunction. Finding that the State failed to establish its entitlement to relief under Rule306a(5) of the Texas Rules of Civil *336Procedure, we hold that because its plenary power had expired, the trial court erred by granting the State’s motion to modify. Tex. R. Civ. P. 306a. Accordingly, we vacate the trial court’s modification order and reinstate the July 28, 2011, expunction order.

BACKGROUND

In June 2011, Appellant was acquitted by a jury of the offenses of criminal attempted murder…