Reversed and Rendered and Memorandum Opinion filed April 23, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-08-01120-CV

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TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant

V.

ROBERT LANCON, Appellee

On Appeal from the 155th District Court

Austin County, Texas

Trial Court Cause No. 5087

M E M O R A N D U M   O P I N I O N

This is a restricted appeal from an order granting appellee=s motion for judicial clemency signed June 17, 2008.  On April 13, 2009, the parties filed a joint motion to reverse and render judgment in accordance with their agreement.  See Tex. R. App. P. 42.1(a)(2)(A).  The parties agree that appellee is not entitled to expunction of his records related to his arrest for burglary of a motor vehicle because he served court ordered community supervision for five years, which is a bar to the expunction of records.  See Tex. Code Crim. Proc. Ann. art. 55.01(a)(2)(B) (Vernon 2006). The motion is granted.

Accordingly, the order for judicial clemency signed June 17, 2008, is reversed and we render judgment that appellee take nothing.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Yates and Frost.