Missouri Court of Appeals, Eastern District / Jan 21, 2025
J.J.J., Respondent, vs. Missouri State Highway Patrol, Criminal Records Depository, Appellant, and Circuit Court of Gasconade County, Gasconade County Prosecuting Attorney, Missouri Director of Revenue, Gasconade County Sheriff's Office, Hermann Police Department, and Missouri Department of Corrections, Respondents.
J.J.J. petitioned to expunge his conviction for furnishing pornographic material to minors, which the circuit court granted despite the Missouri State Highway Patrol's objection. The MSHP appealed, arguing the offense is ineligible for expungement because it requires sex offender registration. The appellate court reversed, holding that an offense's inherent requirement for sex offender registration makes it ineligible for expungement under section 610.140.2(3), irrespective of an individual's personal exemption from registration.