Section 302.545

Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

Chapter 302

Effective - 28 Aug 2009   

  302.545.  Expungement of records, when. — 1.  Any person who is less than twenty-one years of age and whose driving privilege has been suspended or revoked, for a first determination under sections 302.500 to 302.540, that such person was driving with two-hundredths of one percent of blood alcohol content, shall have all official records and all recordations maintained by the department of revenue of such suspension or revocation expunged two years after the date of such suspension or revocation, or when such person attains the age of twenty-one, whichever date first occurs.  Such expungement shall be performed by the department of revenue without need of a court order.  No records shall be expunged if the person was found guilty or pled guilty to operating a commercial motor vehicle, as defined in section 302.700, or if the person was holding a commercial driver's license at the time of the offense, with a blood alcohol content of at least four-hundredths of one percent.

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

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

  (2)  Driving with excessive blood alcohol content pursuant to section 577.012.

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(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).