Missouri Court of Appeals, Southern District / Dec 31, 2024
D.D., Petitioner-Respondent v. MISSOURI STATE HIGHWAY PATROL, Respondent-Appellant
Driver D.D. sought to expunge records related to his class-D felony conviction for resisting arrest. The Missouri State Highway Patrol opposed, arguing the offense was ineligible for expungement under section 610.140, which excludes felonies where death is an element. The circuit court granted expungement, interpreting the statute to require actual death as a required element. The appellate court affirmed, holding that the resisting arrest statute's reference to a "substantial risk of serious physical injury or death" does not make death an element for expungement ineligibility.