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Criminal Law: Expungement-Eligibility
Where appellant challenged the denial of his petition for expungement, the trial court erred in finding that the appellant was not eligible for expungement of a 2000 conviction for felony possession of a controlled substance. You can hire an expungement attorney if you find yourself in the same situation and need assistance just like this man […]
Criminal Law: Expungement-Eligibility-Time-Period Requirements
Where appellant challenged the dismissal of his petition for expungement of his 1970 conviction for felony possession of a stimulant drug, the trial court erred by finding that the appellant was ineligible for expungement based on a subsequent felony conviction because the court improperly interpreted the time-period requirements. Judgment is reversed and remanded. J.A. v. […]
Criminal Law: Expungement-Felony Drug Convictions
Where the state challenged a judgment granting respondent’s petition requesting the expungement of two prior felony drug convictions, the judgment is affirmed because the August 2018 version of the relevant statute operates and applies retrospectively, and the argument that the trial court erred in granting the request due to the statutory timing requirements was meritless. […]
Appeals court OKs expungement of false arrest record
The Court of Appeals Western District ruled Nov. 12 that a man who was convicted of a misdemeanor but had the conviction expunged also can expunge the record of a later false arrest. The petitioner, identified in the opinion only by his initials T.V.N., had been accused of leaving the scene of an accident on […]
Criminal Law: Arrest Record-Expungement
Where the state challenged a judgment expunging respondent’s arrest record, arguing that he was statutorily ineligible for expungement, according to an expungement attorney the expungement of the respondent’s speeding conviction restored him to the status he occupied prior to the conviction as if the conviction had never taken place, so it was not an error to […]
Criminal Law: Expungement-Dismissal of Petition
Where appellant challenged the denial of his petition to expunge a 2003 conviction for unlawful use of drug paraphernalia, the record showed no other findings of guilt on any misdemeanor or felony between the date he filed his petition and three years prior, and the trial court erred in dismissing the petition, so the judgment […]
Criminal Law: Expungement-Ineligible Offenses
Where appellant challenged the denial of his petition for the expungement of his second-degree robbery conviction, the trial court erred in concluding that the conviction was ineligible for expungement under the relevant statute. Judgment is reversed and remanded. R.H. v. Missouri State Highway Patrol Criminal Records Repository (MLW No. 73532/Case No. ED107362 – 11 pages) […]
Appeals court OKs expungement for two offenses in two years
The Court of Appeals Western District ruled May 28 that a man who racked up two misdemeanors in a two-year period still qualifies for expungement. The petitioner, identified in the opinion as R.G., pleaded guilty to an amended charge of peace disturbance in 2010 and paid a $500 fine. Two years later, he pleaded guilty […]
Criminal Law: Expungement-Time Period
Where the state challenged the grant of a petition for expungement for respondent’s 2010 conviction for peace disturbance, arguing that the time frame that should be considered is the three years following the completion of the sentence for each conviction rather than the three years immediately prior to the filing of the petition, the trial […]
Criminal Law: Expungement- Exclusion Of Exhibit
Where the state challenged a trial court’s issuance of a judgment for expungement, the judgment is affirmed because the court did not err in excluding records from the Fine Collection Center because the records were not from court proceedings, and the court properly found that the respondent qualified for expungement because evidence proffered by the […]
Criminal Law : Expungement – Forgery Convictions
Perkins v. Bridgeton Police Department (MLW No. 71474/Case No. ED105807 – 5 pages) (Missouri Court of Appeals, Eastern District, Van Amburg, J.)
Criminal Law : Expungement – Misdemeanor Conviction
W.C.H. v. State (MLW No. 71454/Case No. ED105675 – 5 pages) (Missouri Court of Appeals, Eastern District, Dolan, J.)
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
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- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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