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Criminal Law: Expungement of Records-Eligibility

Staff Report//October 18, 2019

Criminal Law: Expungement of Records-Eligibility

Staff Report//October 18, 2019

Petitioner obtained three judgments expunging his criminal records. On appeal, the state argued that petitioner’s records were ineligible for expungement because his arrest involved state law regulating operation of a motor vehicle while petitioner held a CDL, and because petitioner’s petitions for expungement were prematurely filed.

Where petitioner held a CDL upon being charged for a motor vehicle offense and where less than three years had passed since the earliest possible date of disposition of petitioner’s cases, he was ineligible to seek expungement of his records.

Judgment is reversed.

L.F.W. v. Missouri State Highway Patrol Criminal Records Repository (MLW No. 74037/Case No. SD35745, 35746 & 35747 – 13 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.) Appealed from circuit court, Jasper County, Mouton, J. (Ronald Q. Smith , Springfield, for appellant) (Lesley Ann Hall, and William Patrick Lynch of Joplin, for respondents)

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