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FIRST IMPRESSIONS & SPLIT DECISION-EXPUNCTIONS: Ex parte Roberto Pasquale-Gaultier Pettito, No.


In Ex parte Pettito, the court considered whether the petitioner established he was entitled to an expunction of records for being arrested for driving while intoxicated, when (1) he was arrested for both a DWI offense and possession of a controlled substance, (2) both offenses were committed at the same time, (3) he had completed community supervision for the possession charge and completed pretrial diversion for the DWI charge, and (4) he had obtained a nondisclosure order for the arrest as it related to the possession charge.

The majority held the petitioner did not establish his entitlement to an expunction of arrest records for the DWI. The dissent, disagreeing with the majority’s application of the recent supreme court decision in State v. T.S.N., would have held the petitioner was entitled to an expunction of arrest records for the DWI offense.

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