Missouri Court of Appeals, Eastern District / Nov 26, 2019
S.E.M., Respondent, vs. St. Louis County, Missouri, et al., Defendants, and Missouri State Highway Patrol Criminal Records Repository, Appellant.
S.E.M. sought expungement of two prior felony drug convictions. The trial court granted the expungement under the August 2018 version of section 610.140 RSMo, finding it applied retrospectively. The Missouri State Highway Patrol Criminal Records Repository appealed, arguing S.E.M. was ineligible due to a 1993 misdemeanor conviction within the statutory timing requirements. The appellate court affirmed, holding that expungement statutes are remedial and apply retrospectively, and that the relevant seven-year period for no new convictions is immediately preceding the expungement petition filing.