Texas Education Agency v. H.C v.

Opinion issued February 28, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-17-00210-CV
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TEXAS EDUCATION AGENCY, Appellant
V.
H.C.V., Appellee
On Appeal from the 113th District Court
Harris County, Texas
Trial Court Case No. 2016-30247
DISSENTING AND CONCURRING OPINION
In Texas Education Agency v. S.E.H., No. 01-16-00420-CV, ___ S.W.3d ___,
2018 WL 6839727 (Tex. App.—Houston [1st Dist.] Dec. 28, 2018, pet. filed), this
Court, sitting en banc, held that a junior high school teacher who had solicited sex
online from a person he believed to be a thirteen-year old girl, pleaded guilty to
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online solicitation of a minor, and was placed on community supervision was
nevertheless entitled to have all records and files relating to his arrest expunged
because the offense he pleaded guilty to violating was later held unconstitutional for
overbreadth. I respectfully dissented to the en banc majority’s affirmance of the
expunction order in S.E.H., and I respectfully dissent to the majority’s affirmance of
the expunction order in this case for the same reasons. See id. at *7–10 (Lloyd, J.,
dissenting). As with S.E.H., I would find H.C.V. ineligible for expunction.
I agree with the majority’s decision to modify the expunction order to
expressly allow Texas Education Agency and the Texas State Board of Educator
Certification to retain a redacted version of the Proposal of Decision pertaining to
H.C.V. Therefore, I concur with respect to Section II of the majority opinion.
Russell Lloyd
Justice
Panel consists of Justices Lloyd, Kelly, and Hightower.
Lloyd, J., dissenting, in part, and concurring, in part.
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