Missouri Court of Appeals, Western District / May 28, 2019
R.G. vs. Missouri State Highway Patrol
R.G. filed a petition to expunge two peace disturbance convictions from 2010 and 2012. The circuit court granted the petition, but the Missouri State Highway Patrol appealed the expungement of the 2010 conviction. The MSHP argued that R.G. did not meet the statutory requirements because he had a subsequent misdemeanor conviction less than three years after completing the disposition for the 2010 conviction. The appellate court affirmed the circuit court's judgment, holding that the three-year period for no subsequent offenses under section 610.140.5 should be measured backward from the date the expungement petition was filed.