Harris County District Attorney's Office v. J.T.S.

OPINION

COOK, Justice.

The question before the court is whether individuals who receive probation pursuant to a guilty plea may have records of their arrests and probations expunged because the legislature failed to update a reference in the expunction statute when it consolidated the misdemeanor and felony probation laws. We hold that under the Code Construction Act, the meaning and scope of a statute which references the provisions of a subsequently repealed statute does not change, absent clear legislative intent to the contrary.

In March 1988, J.T.S. pleaded guilty to possession of less than…