![]() Thus, we turn to whether any error is apparent on the face of the record. Here, DPS filed a notice of restricted appeal within six months of the date of judgment, was a party to the lawsuit, and did not participate in the hearing that resulted in the order of expunction. ![]() Each one of these elements is mandatory and jurisdictional. ![]() To obtain reversal of an underlying judgment by restricted appeal, a party must satisfy the following elements: (1) a notice of restricted appeal must be filed within six months of the date of judgment (2) by a party to the lawsuit (3) who neither participated in the hearing that resulted in the judgment of which the party complains nor filed a timely post-judgment motion and (4) error must be apparent on the face of the record. At the Aughearing, the trial court granted Solis s petition and ordered his arrest and related indictment be expunged. DPS was not notified of the rescheduled date. On July 21, 2004, Solis s attorney and a Webb County assistant district attorney entered into a Rule 11 agreement resetting the hearing for August 30, 2004. DPS filed an affirmative defense and original answer on July 12, 2004. Solis then filed a petition for expunction and set the matter for a hearing before the trial court for July 22, 2004. The indictment was dismissed after Solis completed a pre-trial diversion program. Solis was arrested and indicted for the felony offense of accident involving injury/death. Because we find DPS s first issue to be dispositive on appeal, we do not address the remaining issues. We reverse the judgment of the trial court and render judgment denying Solis s expunction request. On appeal, DPS asserts: (1) Solis produced no evidence that the charges against him had been dismissed for a reason indicating a lack of probable cause to believe he committed the offense (2) Solis failed to produce evidence that he had not been convicted of a felony in the five years prior to his arrest and (3) the trial court abused its discretion in setting a hearing without proper notice to all of the respondents listed in the petition. The Texas Department of Public Safety (DPS) brings this restricted appeal from an order expunging the criminal record of Oscar Manuel Solis, Jr. From the 341st Judicial District Court, Webb County, Texas
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