Missouri Court of Appeals, Eastern District / Mar 15, 2022
Elicia Milton, Appellant, vs. St. Louis County, Missouri, et al., Respondents.
Elicia Milton appealed the circuit court's denial of her petition for expungement of her arrest record for first-degree statutory sodomy. The circuit court denied the petition without holding an evidentiary hearing, concluding Milton could not prove no charges would be pursued due to the absence of a statute of limitations. The Eastern District reversed and remanded, holding that Section 610.123.3 and Rule 155.04(b) unequivocally mandate an evidentiary hearing for expungement petitions, and the circuit court's assumption about future charges was speculative without evidence.