Missouri Court of Appeals, Western District / Aug 27, 2019
S.V. vs. Kenton Askren, et al
S.Y. appealed the denial of his petition to expunge a 2003 conviction for unlawful use of drug paraphernalia. The circuit court denied the petition, agreeing with the Missouri State Highway Patrol that S.Y. failed to meet expungement criteria due to another misdemeanor conviction within three years after the disposition of the first conviction. The appellate court reversed, holding that the statutory three-year period for expungement eligibility runs backward from the date the expungement petition is filed, not forward from the prior conviction's disposition. The case was remanded with directions to grant S.Y.'s petition.