Missouri Court of Appeals, Western District / Jan 25, 2022
Gary Austin vs. Missouri State Highway Patrol, et al.
Gary Austin appealed the denial of his petition to be removed from the Missouri Sex Offender Registry. Austin argued that his subsequent felony convictions and failure to complete probation occurred before his duty to register under the federal Sex Offender Registration and Notification Act (SORNA), and thus should not preclude his removal. The appellate court affirmed the trial court's judgment, clarifying that Austin's registration duty arose under Missouri's Sex Offender Registration Act (SORA) and that the statutory conditions for removal were not met due to events occurring after his SORA registration obligation began.