Civil Practice: Sex Offender Registry-Removal of Name

Where appellants including the highway patrol challenged a judgment granting petitioner’s request to have his name removed from the state’s sex offender registry, the meaning of the upgrade provision for repeat tier I offenders is an issue of first impression, and because the petitioner was not required to register at all at the time of his second adjudication for what is now a tier I offense, he could not be upgraded to a tier II offender, so the trial court did not err in granting his petition.

Judgment is affirmed.

Bacon v. Missouri State Highway Patrol (MLW No. 74821/Case No. ED107919 – 8 pages) (Missouri Court of Appeals, Eastern District, Robert G. Dowd Jr., J.) Appealed from circuit court, St. Charles County, Cunningham, J. (Caleb J. Aponte and Robert E. Hoeynick Jr. for appellant) (Matthew D. Fry and Nathan T. Swanson for respondent).