302.545. Expungement of records, when. - Missouri Statutes

Expungement of records, when.

302.545. 1. Any person who is less than twenty-one years of age andwhose driving privilege has been suspended or revoked, for a firstdetermination under sections 302.500 to 302.540, that such person wasdriving with two-hundredths of one percent of blood alcohol content, shallhave all official records and all recordations maintained by the departmentof revenue of such suspension or revocation expunged two years after thedate of such suspension or revocation, or when such person attains the ageof twenty-one, whichever date first occurs. Such expungement shall beperformed by the department of revenue without need of a court order. Norecords shall be expunged if the person was found guilty or pled guilty tooperating a commercial motor vehicle, as defined in section 302.700, or ifthe person was holding a commercial driver's license at the time of theoffense, with a blood alcohol content of at least four-hundredths of onepercent.

2. The provisions of this section shall not apply to any person whoselicense is suspended or revoked for a second or subsequent time pursuant tosubsection 1 of this section or who is convicted of any alcohol-relateddriving offense before the age of twenty-one including, but not limited to:

(1) Driving while intoxicated pursuant to section 577.010, RSMo; or

(2) Driving with excessive blood alcohol content pursuant to section577.012, RSMo.

(L. 1996 H.B. 1169 & 1271 § 1 merged with S.B. 722 § 1, A.L. 2009 H.B. 683)

(2001) Expungement of records allowed for twenty-year-old motorist who had a blood alcohol content of .133% when stopped. Baldwin v. Director of Revenue, 38 S.W.3d 401 (Mo.banc).