The 17-year-old Willis High School honor student whose 24-hour stay in jail for excessive truancy drew national attention had the charge rescinded Wednesday, records show.
Precinct 1 Justice of the Peace Lanny Moriarty, at the Montgomery County District Attorney's request, signed an order that vacates the contempt of court conviction that sent Diane Tran to jail last week.
The decision clears the way for the issue to be expunged from her record.
The action was taken, in part, after Moriarty looked at the extenuating circumstances that had resulted in Tran missing school and because her court summons had failed to notify her of her right to an attorney or to have one appointed for her, officials said.
Moriarty had counseled Tran the first time she was summoned to his court for excessive truancy April 25. He explained the importance of going to class and ordered her to start attending regularly.
But on May 23 Tran was brought back for failing to attend an additional four days as well as portions of another four days.
During her court appearance, however, Tran never revealed any personal struggles to the court.