Texas Department of Public Safety v. Jacobs

OPINION

Opinion by

Justice MORRIS.

In this case, the Texas Department of Public Safety brings a restricted appeal of an expunction order in favor of Jesse Gary Jacobs. In two issues, the TDPS contends Jacobs is not entitled to have his record expunged because he failed to produce evidence that he had not been convicted of a felony in the five years before his arrest and because he was placed on probation as a result of the arrest. We reverse the trial court’s order.

Initially, we must address whether the TDPS may complain of the expunction order in a restricted appeal. To successfully attack an…