Missouri Court of Appeals, Western District / Apr 22, 2025
D.V.J. vs. Missouri State Highway Patrol - CJIS, et al.
D.V.J. sought expungement of three 2009 convictions, including a class A felony for trafficking drugs, under section 610.140. The trial court granted the expungement, finding the statute ambiguous as applied to offenses reclassified since conviction. The Missouri State Highway Patrol appealed, arguing that class A felonies are explicitly excluded from expungement. The appellate court affirmed the expungement of D.V.J.'s class B and C felony convictions, but reversed and remanded the expungement of the class A felony, holding that the plain language of section 610.140 unambiguously excludes any class A felony offense, as classified at the time of conviction.