Ex Parte N.C.

N.C., a state-prison inmate, filed a petition to expunge criminal records. The trial court denied the petition. N.C. appealed but failed to include two filings required by Tex. Civ. Prac. & Rem. Code Ann. 14. The court of appeals dismissed the action without giving N.C. an opportunity to cure the Chapter 14 filing defects. N.C. filed a timely notice of rehearing. Thereafter, N.C. complied with the court’s instructions and corrected both Chapter 14 filing defects. The court of appeals, however, denied N.C.’s motion for rehearing. The Supreme Court reversed, holding that, in accordance with McLean v. Livingston, the court of appeals must give an inmate an opportunity to cure a Chapter 14 filing defect in an appellate proceeding, through an amended filing, before the court can dismiss the appeal. View "Ex Parte N.C." on Justia Law