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Kayser v. Director Of Revenue7/18/2000
conviction, results in it remaining intact as a prima facie adjudication. See White, 700 S.W.2d at 156. Point granted.
In his second point, the Director contends the trial court erred in ordering the expungement of all records relating to Driver's 1981 Phelps County DWI conviction. The Director asserts that the circuit court did not have jurisdiction or authority to expunge those records because Driver's petition did not seek expungement of any records, and Driver did not plead a statute authorizing the expungement of that conviction.
Where relief granted by the circuit court was based upon grounds not raised in the petition for review, this court has found the circuit court's grant of relief improper. Pointer v. Director of Revenue, 891 S.W.2d 876, 878 (Mo. App. E.D. 1995); Stallmann v. Director of Revenue, 816 S.W.2d 6, 7 (Mo. App. E.D. 1991). Here, we agree with the Director that no request for expungement of Driver's record concerning the 1981 Phelps County DWI conviction was made in Driver's petition for review. Nor was any statute authorizing expungement of the conviction pleaded. Moreover, this was not an appropriate proceeding to allow Driver to attack the 1981 Phelps County DWI conviction, and therefore, expungement was not proper. Point granted.
The circuit court misapplied the law by setting aside the Director's ten-year denial of Driver's driving privilege and expunging Driver's record of the 1981 Phelps County DWI conviction. The judgment is reversed and the cause remanded to the circuit court with directions to set aside its judgment and reinstate the decision of the Director.
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