Coleman v. State Crim. Records Repository, No. ED 90823.
| Court | Court of Appeal of Missouri (US) |
| Writing for the Court | Sherri B. Sullivan |
| Citation | 268 S.W.3d 464 |
| Decision Date | 28 October 2008 |
| Docket Number | No. ED 90823. |
| Parties | Zerieta G. COLEMAN, Petitioner/Respondent, v. MISSOURI STATE CRIMINAL RECORDS REPOSITORY, et al., Respondents/Appellants. |
v.
MISSOURI STATE CRIMINAL RECORDS REPOSITORY, et al., Respondents/Appellants.
[268 S.W.3d 465]
Zerieta G. Coleman, Saint Louis, MO, for Petitioner/Respondent.
Christopher Richard Fehr, Jefferson City, MO, for Respondent/Appellants.
SHERRI B. SULLIVAN, J.
The Missouri State Criminal Records Repository (the State) appeals from the trial court's Judgment and Order of Expungement of Arrest Records (Judgment) granting Zerieta G. Coleman's (Coleman) Petition for Expungement of Arrest Records (Petition). We reverse.
On October 3, 2007, Coleman filed a Petition seeking expungement of a record of arrest. On November 30, 2007, the trial court conducted a hearing, at which the following evidence was adduced.
Coleman, who was 68 years old at the time of the hearing, is retired and volunteers for several organizations throughout St. Louis. On October 23, 1964, Coleman was found guilty of stealing. Coleman did not remember having a trial and believed that she pled guilty to the charge. Coleman admitted that she probably committed the crime.
The 44-year-old arrest and conviction was revealed on a police report that was generated when Coleman sought to expand her charitable efforts to a local homeless center. Coleman was advised by the center's staff that she would not be able to volunteer if the record was not expunged. Coleman stated that while she could not deny committing the offense, she wanted the record expunged so she could volunteer at the center.
The trial court entered its Judgment ordering the expungement of Coleman's arrest and conviction record. In doing so, the court found that (1) Coleman's arrest was based on false information; (2) there was no probable cause, at the time of the action to expunge, to believe that Coleman committed the offense; (3) no charges will be pursued as a result of the arrest; (4) Coleman has no prior or subsequent convictions; (5) Coleman did not receive a suspended imposition of sentence for any offense related to the arrest; and (6) no civil action was pending relating to the arrest or the records sought to be expunged. The trial court also found that
application of the expungement statute to the case before it was inconsistent with the legislature's intent. This appeal follows.
On appeal, the State argues the trial court erred in granting Coleman's Petition to expunge her record because Coleman did not satisfy the requirements of Section 610.1221 in that she failed to prove that her arrest was based on false information, that there was no probable cause to believe that she committed the...
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Trapani v. State, WD 79580
...expunged.(emphasis added); see also In re Dyer , 163 S.W.3d 915, 918 (Mo. banc 2005) ; Coleman v. Mo. State Criminal Records Repository , 268 S.W.3d 464, 466 (Mo. App. E.D. 2008).Here, Trapani only challenges the trial court's findings that Trapani's arrest was not based on false informatio......
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Doe v. Mo. State Highway Patrol Criminal Records Repository, No. ED 102092
...or that there was no probable cause. Id. at 330. MSHP also compares Doe's case to Coleman v. Missouri State Criminal Records Repository, 268 S.W.3d 464 (Mo.App.E.D.2008), where the petitioner sought to have an arrest for stealing expunged. Id. at 465. At the hearing, the petitioner testifie......
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Sutton v. Mun. Court Div., No. ED 101962
...court's application of statutory requirements de novo . Adum, 423 S.W.3d at 328 ; Coleman v. Missouri State Criminal Records Repository, 268 S.W.3d 464, 466 (Mo.App.E.D.2008) ; see also Martin v. State, 267 S.W.3d 808, 810 (Mo.App.E.D.2008).DiscussionMSHP presents two points on appeal; howe......
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Naunheim v. Naunheim, No. ED 90893.
...the dissolution court to divide settlement proceeds from a lawsuit. Section 452.360.2 provides that the marital-property distribution 268 S.W.3d 464 shall be a final judgment, which cannot be modified. As Chrun and its progeny make clear, property omitted from the dissolution judgment may b......
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Trapani v. State, WD 79580
...expunged.(emphasis added); see also In re Dyer , 163 S.W.3d 915, 918 (Mo. banc 2005) ; Coleman v. Mo. State Criminal Records Repository , 268 S.W.3d 464, 466 (Mo. App. E.D. 2008).Here, Trapani only challenges the trial court's findings that Trapani's arrest was not based on false informatio......
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Doe v. Mo. State Highway Patrol Criminal Records Repository, No. ED 102092
...or that there was no probable cause. Id. at 330. MSHP also compares Doe's case to Coleman v. Missouri State Criminal Records Repository, 268 S.W.3d 464 (Mo.App.E.D.2008), where the petitioner sought to have an arrest for stealing expunged. Id. at 465. At the hearing, the petitioner testifie......
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Sutton v. Mun. Court Div., No. ED 101962
...court's application of statutory requirements de novo . Adum, 423 S.W.3d at 328 ; Coleman v. Missouri State Criminal Records Repository, 268 S.W.3d 464, 466 (Mo.App.E.D.2008) ; see also Martin v. State, 267 S.W.3d 808, 810 (Mo.App.E.D.2008).DiscussionMSHP presents two points on appeal; howe......
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Naunheim v. Naunheim, No. ED 90893.
...the dissolution court to divide settlement proceeds from a lawsuit. Section 452.360.2 provides that the marital-property distribution 268 S.W.3d 464 shall be a final judgment, which cannot be modified. As Chrun and its progeny make clear, property omitted from the dissolution judgment may b......