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Director of Revenue v. Klenke10/17/2000
whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge such arrest, plea, trial, conviction or expungement in response to any inquiry made of him for any purpose whatsoever and no such inquiry shall be made for information relating to an expungement under this section. A person shall only be entitled to one expungement pursuant to this section. Nothing in this section shall prevent the director from maintaining such records as to ensure that an individual receives only one expungement pursuant to this section for the purpose of informing the proper authorities of the contents of any record maintained pursuant to this section.
The application of section 577.054 was addressed by this court in McNally v. St. Louis County Police Department, 17 S.W.3d 614 (Mo. App. E.D. 2000). In that case, Director appealed from the trial court's judgment finding that section 577.054 applied to an administrative suspension and ordering Director to expunge the record of the driver's administrative suspension of driving privileges. McNally, 17 S.W.3d at 616. This court held that section 577.054 provides for expungement from all official records of an individual's arrest, plea, trial or conviction but not expungement of the records of a driver's administrative suspension. Id. In addition, this court recognized that the legislature enacted a statute, section 302.545 RSMo. Cum. Supp. 1998, that deals specifically with expungement of Department of Revenue records. Id. This court then stated:
"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." 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.'" Section 302.545 therefore excludes expungement of Department of Revenue records for persons who do not fall within the purview of that statute. Id. (citations omitted).
This court concluded that there is no statutory basis to authorize expungement of the driver's administrative suspension. Id. at 617. "Further, in the absence of statutory authorization for expungement of Department of Revenue drivers' records, a court has no equitable power to expunge." Id. The analysis in McNally applies to the present case. The circuit court erred in its judgment regarding expungement of Director's exhibit A. Id. at 616-17; see also Ford v. Director of Revenue, 11 S.W.3d 106, 108-10 (Mo. App. S.D. 2000).
The judgment is reversed and remanded with directions for the circuit court to enter judgment consistent with this opinion.
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