 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
McNally v. St. Louis County Police Department5/16/2000
alcohol and who since such date has not been convicted of any other alcohol-related driving offense may apply to the court in which he pled guilty or was sentenced for an order to expunge from all official records all recordations of his arrest, plea, trial or conviction.
The primary rule of statutory interpretation requires the court to ascertain the legislative intent by considering the plain and ordinary meaning of the words in the statute. Mills v. Director of Revenue, 964 S.W.2d 873, 875 (Mo. App. E.D. 1998). When a statute has clear and unambiguous language, there is no room for construction. Id. Section 577.054 provides for the expungement from all official records all recordations of an individual's arrest, plea, trial or conviction. It does not authorize expungement of the records of administrative suspension. See Ford, 11 S.W.3d at 110. Ford v. Director of Revenue, 11 S.W.3d 106, 110 (Mo. App. S.D. 2000).
Further, the legislature has enacted a statute which deals specifically with the expungement of Department of Revenue records. Section 302.545 RSMo (Cum. Supp. 1998). "When the same subject matter is addressed in general terms in one statute and in specific terms in another, the more specific controls over the more general." Greenbriar Hills v. Director of Revenue, 935 S.W.2d 36, 38 (Mo. banc 1996). Section 302.545 authorizes the expungement of Department of Revenue records of suspension or revocation with respect to persons under twenty-one years of age who meet certain conditions. When "'a statute enumerates the subjects or things on which it is to operate, or the persons affected, or forbids certain things, it is to be construed as excluding from its effect all those not expressly mentioned.'" Greenbriar Hills, 935 S.W.2d at 38. (quoting Giloti v. Hamm-Singer Corp., 396 S.W.2d 711, 713 (Mo. 1965). Section 302.545 therefore excludes expungement of Department of Revenue records for persons who do not fall within the purview of that statute.
In conclusion, there is no statutory basis to authorize expungement of petitioner's administrative suspension. Ford, 11 S.W.3d at 110. Further, in the absence of statutory authorization for expungement of Department of Revenue drivers' records, a court has no equitable power to expunge. Id. at 109-110.
The judgment of the circuit court is reversed.
Separate Opinion: None
Page 1 2 Missouri DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|