Cyrus v. State

AKIN, Justice.

This is an appeal from an order denying the expunction of appellant’s arrest record. Because we hold that appellant established his right to an expunction as a matter of law, we reverse and render judgment for appellant.

On January 17, 1977, appellant was involved in an incident in which he smashed the side window of a 1973 Datsun automobile and did other damage to that vehicle with a sledge hammer. According to appellant’s version of the incident, the acts were performed in self-defense as the driver attempted to run over appellant with the vehicle. Appellant was subsequently…