Court of Appeals of Missouri, Western District, First Division
from the Circuit Court of Cole County, Missouri The Honorable
Patricia S. Joyce, Judge
Victor C. Howard, Presiding Judge, Lisa White Hardwick, Judge
and Gary D. Witt, Judge
D. WITT, JUDGE
Missouri State Highway Patrol ("MSHP") appeals from
the circuit court's judgment granting
R.G.'s petition for expungement for his 2010
conviction for peace disturbance. The MSHP argues that the
circuit court erred in granting R.G.'s petition for
expungement for his 2010 conviction because he did not meet
the necessary requirements under section
610.140.5(1)-(2). We affirm.
10, 2018, R.G. filed a petition in the Circuit Court of Cole
County seeking the expungement of two convictions in 2010 and
2012, both for the crime of peace disturbance. On June 6,
2018, the MSHP filed an Answer and Motion to Dismiss.
hearing was held on July 16, 2018. At the hearing, R.G.
testified that on October 15, 2010 he pled guilty to the
crime of peace disturbance, and was sentenced to pay a
$500.00 fine, which he paid that day. R.G. also testified
that he pled guilty to the crime of peace disturbance on
October 22, 2012.
circuit court entered its judgment granting R.G.'s
petition on August 30, 2018. The circuit court found that
R.G. plead guilty to an amended charge of peace disturbance
on October 15, 2010 and the court imposed a fine of $500.00
which was paid that day. The circuit court found that R.G.
plead guilty to an amended charge of peace disturbance on
October 22, 2012. The court suspended the imposition of
R.G.'s sentence and placed him on two years of probation
which he successfully completed. The certified records of
each case were admitted into evidence without objection.
circuit court found that following the sentencing on October
22, 2012, R.G. has had no other findings of guilt on any
misdemeanor or felony charges and had no criminal charges
pending at the time of the hearing in this case. The circuit
court found that it had been more than three years since R.G.
had completed his sentence for the 2010 conviction and his
probation for his 2012 conviction. The circuit court found
that the expungement of R.G.'s arrest and conviction in
both cases is consistent with the public welfare and is
warranted by the interests of justice.
timely appeal followed. The MSHP is solely appealing the
expungement of the 2010 conviction.
is a court-tried case, our review is governed by Murphy
v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976).
"Accordingly, we will affirm the trail court's
judgment unless there is no substantial evidence to support
it, it is against the weight of the evidence, it erroneously
declares the law, or it erroneously applies the law."
W.C.H. v. State, 546 S.W.3d 612, 614 (Mo. App. E.D.
2018). "The trial court's application of statutory
requirements is a question of law rather than fact;
therefore, we review the trial court's application of
statutory requirements de novo." Doe v. St.
Louis Cty. Police Dep't, 505 S.W.3d 450, 453 (Mo.
App. E.D. 2016).
MSHP raises one point on appeal. In its sole point MSHP
argues that the circuit court erred in expunging R.G.'s
2010 conviction because section 610.140.5 provides that a
necessary requirement for expungement of a misdemeanor is
that R.G. has not been found guilty of any other
disqualifying misdemeanor or felony for at least three years
from the date he completed any authorized disposition and
R.G. pled guilty to a subsequent misdemeanor less than three
years after completing the disposition of his 2010
conviction. The MSHP argues that the time frame the circuit
court should consider is the three years ...