Ex Parte Guajardo

OPINION

CATHERINE STONE, Justice.

In this appeal, we are asked to determine whether the trial court abused its discretion when it denied a motion for the expungement of criminal records without providing an opportunity for the petitioner to participate in the hearing on the motion. We conclude the trial court abused its discretion; thus, we reverse the trial court’s judgment and remand the cause to the trial court for further proceedings consistent with this opinion.

Factual & PROCEDURAL Background

Appellant Guadalupe Guajardo, Jr. is currently in prison. 1 In January 2001, Guajardo filed a…