610.126. Expungement does not deem arrest invalid — department of revenue may retain records necessary for administrative actions on driver's license — power to close or expunge record, limitation. — 1. An expungement of an arrest record shall not reflect on the validity of the arrest and shall not be construed to indicate a lack of probable cause for the arrest.
2. Except as provided by sections 610.122 to 610.126, the courts of this state shall have no legal or equitable authority to close or expunge any arrest record.
3. The petitioner shall not bring any action subsequent to the expungement against any person or agency relating to the arrest described in the expunged records.
Notes of Decisions
Cited in
4
cases, 2000–2007 · leading case:
Martinez v. State, 24 S.W.3d 10 (Mo. Ct. App. 2000).
Martinez v. State, 24 S.W.3d 10 (Mo. Ct. App. 2000).
· cites it 4× “122 through Section 610.126 in their current form, the Missouri legislature eliminated the inherent equitable power of courts to expunge arrest records, 6 but at the same time it vested the courts with statutory authority to do so, by codifying six very specific and stringent…”
Jones v. St. Louis Cnty. Police Dep't, 133 S.W.3d 524 (Mo. Ct. App. 2004).
· cites it 8× “122 through Section 610.126 in their current form, the Missouri legislature eliminated the inherent equitable power of the courts to expunge records, but at the same time it vested the courts with statutory authority to do so, by codifying six very specific and stringent…”
Expungement of Arrest Records Related to Brown v. State, 226 S.W.3d 147 (Mo. 2007).
· cites it 2× “2 In April 2005, over a year after the trial court entered its order of expungement, Harrah’s filed a motion to dismiss Brown’s civil suit, arguing that section 610.126 prohibited Brown from bringing or maintaining a civil case based upon an arrest, the record of which has been…”
Brown v. Harrah's North Kansas City, L.L.C., 226 S.W.3d 145 (Mo. 2007).
· cites it 7× “Brown challenges the trial court’s interpretation of section 610.126, RSMo 2000, as statutorily precluding his cause of action.”
— Mo. Rev. Stat. § 610.126(2) — 1 case
Jones v. St. Louis Cnty. Police Dep't, 133 S.W.3d 524 (Mo. Ct. App. 2004).
“122 through Section 610.126 in their current form, the Missouri legislature eliminated the inherent equitable power of the courts to expunge records, but at the same time it vested the courts with statutory authority to do so, by codifying six very specific and stringent…”
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