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Criminal Law-Expungement-Trial Court’s Authority
Staff Report//April 29, 2026//
Defendant appealed the trial court’s judgment granting plaintiff’s request to expunge a misdemeanor possession of marijuana conviction pursuant to the Missouri Constitution, arguing that the trial court had no statutory or constitutional authority to hear plaintiff’s petition.
Although the trial court erred in granting plaintiff’s petition because he was not incarcerated or under supervision, the error was harmless where plaintiff’s conviction should have been automatically expunged.
Judgment is affirmed.
D.S. v. Missouri State Highway Patrol (MLW No. 84665/Case No. ED113927 – 6 pages) (Missouri Court of Appeals, Eastern District, Lay, J.) Appealed from circuit court, St. Louis County, Hilton, J. (Bradley R. Baker and Clayton Weems for appellant) (Kimberly K. Neu and Lee R. Camp for respondent)
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