Our Dallas Office

Mailing address:
P.O. Box 224626
Dallas, Texas 75222

Physical address:
2223 W Jefferson Blvd.
Dallas, Texas 75208

214.946.8000 phone
214.946.8433 fax

Our Houston Office

1005 Heights Ave
Houston TX 77008

713.529.0048 phone
713.529.2498 fax

Our Santa Fe Office

128 Grant Ave, Ste 111
Santa Fe, NM 87501

505.303.0585 phone

Morgan McPheeters wins important expunction appeal in the Dallas Court of Appeals!

Congratulations to KD&P associate Morgan McPheeters for successfully defending an expunction order obtained by Jeremy Rosenthal, of Rosenthal & Wadas, on behalf of his client in Collin County.  The order at issue expunged records relating to an arrest for felony aggravated assault for which the client was subsequently acquitted.  The State, claiming that the entire expunction statute is “arrest based,” argued that the records could not be expunged because, when the client was arrested, she was also arrested on a totally unrelated misdemeanor theft charge to which she ultimately pled guilty.  In a case of first impression, the court of appeals rejected the State’s “arrest-based” interpretation, concluding that, based on the plain language of article 55.01(a)(1) of the Code of Criminal Procedure, a guilty plea to a wholly unrelated offense does not prohibit the expunction of records related to the acquitted offense, even where the arrest arises out of both.  You can read the opinion here.