Missouri Court of Appeals, Southern District / Sep 6, 2019
STATE OF MISSOURI ex rel. W.D.C., II, Relator vs. JO MCELWEE, CIRCUIT CLERK, CAMDEN COUNTY CIRCUIT CLERK, Respondent
W.D.C., II, filed a petition for expungement of his record under section 610.140, RSMo, but the Camden County Circuit Clerk placed the case on hold, asserting that the attorney was responsible for service. W.D.C., II, then filed an original proceeding for a writ of mandamus in the appellate court to compel the clerk to lift the hold. The appellate court made the preliminary writ of mandamus permanent, holding that section 610.140.5 imposes a ministerial duty on the clerk to give notice of the petition to the prosecuting attorney's office.