Court of Appeals of Missouri, Southern District, First Division
FROM THE CIRCUIT COURT OF JASPER COUNTY Honorable Gayle L.
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. 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
Principles of Review and Governing Law
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).
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