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Simpson v. Missouri State Highway Patrol Criminal Records Repository

Court of Appeals of Missouri, Southern District, First Division

June 21, 2017

DOMINIQUE ROSHAUD SIMPSON, Plaintiff-Respondent,
v.
MISSOURI STATE HIGHWAY PATROL CRIMINAL RECORDS REPOSITORY, Defendant-Appellant.

         APPEAL FROM THE CIRCUIT COURT OF JASPER COUNTY Honorable Gayle L. Crane

         REVERSED

          DON E. BURRELL, J.

         The Missouri State Highway Patrol ("MSHP") appeals the trial court's judgment expunging Dominique Roshaud Simpson's ("Petitioner") arrest records relating to an alleged ordinance violation.[1] See section 610.122. In two interrelated points, MSHP challenges the trial court's findings that (1) "[t]he arrest was based on false information" and (2) "[t]here is no probable cause, at the time of the action to expunge, to believe the individual committed the offense." Finding merit in MSHP's points, we reverse the judgment of the trial court.[2]

         Applicable Principles of Review and Governing Law

         We will affirm a judgment resulting from a bench trial unless it is not supported by substantial evidence, is against the weight of the evidence, or erroneously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). We leave all credibility determinations to the trial court, which is free to believe none, part, or all of the testimony of any witness. Maserang v. Crawford Cty. Sheriff's Dep't, 211 S.W.3d 118, 121 (Mo. App. S.D. 2006).

         As relevant here, a trial court may expunge an arrest record

if the court determines that the arrest was based on false information and the following conditions exist:
(1) There is no probable cause, at the time of the action to expunge, to believe the individual committed the offense;
(2) No charges will be pursued as a result of the arrest;
(3) The subject of the arrest has no prior or subsequent misdemeanor or felony convictions;
(4) The subject of the arrest did not receive a suspended imposition of sentence for the offense for which the arrest was made or for any offense related to the arrest; and
(5) No civil action is pending relating to the arrest or the records ...

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