Appellant, the Texas Department of Public Safety, and Appellee, Rita Diane Minter, have filed with this Court a joint motion which we construe to be a motion to dismiss this appeal and render judgment in accordance with the parties' agreement pursuant to Rule 42.1(a) of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.1(a).

Therefore, to achieve the result desired by the parties, we dismiss the appeal and render judgment setting aside the order of expunction and rendering judgment in favor of the Department.

Bailey C. Moseley

Justice

Date Submitted: November 17, 2009

Date Decided: November 18, 2009