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D.K.R. v. Missouri State Highway Patrol Criminal Justice Information service, et al.
Date: 07-25-2024
Case Number:
Judge: Michael J. Cordonnier
Court: Circuit Court, Greene County, Oklahoma
Plaintiff's Attorney:
Click Here For The Best Springfield Civil Rights Lawyer Directory
Defendant's Attorney: Missouri Attorney General's Office
Description:
On May 12, 2006, Respondent D.K.R. pleaded guilty to the Class D felony of assault while on school property, in violation of § 565.075.[1] D.K.R. received a suspended imposition of sentence and was placed on probation for five years. The trial court revoked D.K.R.'s probation in December 2010 and sentenced D.K.R. to three years confinement, suspended the execution of that sentence, placed D.K.R. on probation for five years, and ordered D.K.R. to serve ten days "shock time" in the county jail. D.K.R. completed probation December 10, 2015.
On April 13, 2022, D.K.R. filed this action seeking expungement of the 2006 conviction pursuant to § 610.140.[2] The petition for expungement named as defendants the Greene County Circuit Court, the Patrol, the Greene County Prosecuting Attorney, the Springfield School Police Department, the Greene County Sheriff's Department, and the City of Springfield Municipal Police Department. Only the Patrol, the Springfield School Police Department, and the Greene County Prosecuting Attorney answered the petition. The Patrol filed a motion to dismiss the petition, and Springfield School Police Department filed an answer denying D.K.R.'s eligibility for expungement. Both argued that expungement of D.K.R.'s Class D felony was precluded under the plain language of the expungement statute, § 610.140. The Greene County Prosecuting Attorney answered the petition stating he had "reviewed the petition and confirmed that the statutory requirements for expungement are satisfied," and he had "no objection to the Court granting petitioner's request for expungement."
After a hearing, the trial court entered judgment expunging all records related to D.K.R.'s felony of assault while on school property. The trial court found that under the expungement statute the amount of time required between conviction and expungement had elapsed; that D.K.R. was not found guilty of any other felonies during the relevant period; that D.K.R. had "satisfied all obligations relating to the disposition of the offense sought to be expunged;" that no charges were pending against D.K.R.; that D.K.R. was not a threat to public safety; that expungement "is consistent with the public welfare and the interests of justice warrant the expungement;" that D.K.R. "is entitled to an expungement pursuant to Section 610.140, RSMo., of the arrest, plea, trial, or conviction records pertaining to the offense herein sought to be expunged;" and that D.K.R. had not previously been granted an expungement. Thus, the court found, D.K.R. was entitled to expungement.
D.K.R. v. Mo. State Highway Patrol Criminal Justice Info. Servs., SD37763 (Mo. App. Jul 25, 2024)
Springfield, Missouri civil lawyer represented the Plaintiff seeking the expungement of a felony assault conviction.
On May 12, 2006, Respondent D.K.R. pleaded guilty to the Class D felony of assault while on school property, in violation of § 565.075.[1] D.K.R. received a suspended imposition of sentence and was placed on probation for five years. The trial court revoked D.K.R.'s probation in December 2010 and sentenced D.K.R. to three years confinement, suspended the execution of that sentence, placed D.K.R. on probation for five years, and ordered D.K.R. to serve ten days "shock time" in the county jail. D.K.R. completed probation December 10, 2015.
On April 13, 2022, D.K.R. filed this action seeking expungement of the 2006 conviction pursuant to § 610.140.[2] The petition for expungement named as defendants the Greene County Circuit Court, the Patrol, the Greene County Prosecuting Attorney, the Springfield School Police Department, the Greene County Sheriff's Department, and the City of Springfield Municipal Police Department. Only the Patrol, the Springfield School Police Department, and the Greene County Prosecuting Attorney answered the petition. The Patrol filed a motion to dismiss the petition, and Springfield School Police Department filed an answer denying D.K.R.'s eligibility for expungement. Both argued that expungement of D.K.R.'s Class D felony was precluded under the plain language of the expungement statute, § 610.140. The Greene County Prosecuting Attorney answered the petition stating he had "reviewed the petition and confirmed that the statutory requirements for expungement are satisfied," and he had "no objection to the Court granting petitioner's request for expungement."
After a hearing, the trial court entered judgment expunging all records related to D.K.R.'s felony of assault while on school property. The trial court found that under the expungement statute the amount of time required between conviction and expungement had elapsed; that D.K.R. was not found guilty of any other felonies during the relevant period; that D.K.R. had "satisfied all obligations relating to the disposition of the offense sought to be expunged;" that no charges were pending against D.K.R.; that D.K.R. was not a threat to public safety; that expungement "is consistent with the public welfare and the interests of justice warrant the expungement;" that D.K.R. "is entitled to an expungement pursuant to Section 610.140, RSMo., of the arrest, plea, trial, or conviction records pertaining to the offense herein sought to be expunged;" and that D.K.R. had not previously been granted an expungement. Thus, the court found, D.K.R. was entitled to expungement.
D.K.R. v. Mo. State Highway Patrol Criminal Justice Info. Servs., SD37763 (Mo. App. Jul 25, 2024)
Outcome:
Application granted.
"Accordingly, we remand the case to the trial court. On remand, the trial court shall enter judgment denying D.K.R.'s petition for expungement."
"Accordingly, we remand the case to the trial court. On remand, the trial court shall enter judgment denying D.K.R.'s petition for expungement."
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of D.K.R. v. Missouri State Highway Patrol Criminal Justice ...?
The outcome was: Application granted. "Accordingly, we remand the case to the trial court. On remand, the trial court shall enter judgment denying D.K.R.'s petition for expungement."
Which court heard D.K.R. v. Missouri State Highway Patrol Criminal Justice ...?
This case was heard in Circuit Court, Greene County, Oklahoma, MO. The presiding judge was Michael J. Cordonnier.
Who were the attorneys in D.K.R. v. Missouri State Highway Patrol Criminal Justice ...?
Plaintiff's attorney: Click Here For The Best Springfield Civil Rights Lawyer Directory. Defendant's attorney: Missouri Attorney General's Office.
When was D.K.R. v. Missouri State Highway Patrol Criminal Justice ... decided?
This case was decided on July 25, 2024.