Smith v. State

OPINION

GEORGE W. DRAPER, III, Judge.

The State of Missouri (hereinafter, “the State”) appeals from the trial court’s judgment granting Bobbie Gene Smith’s (hereinafter, “Smith”) petition for the expungement of his arrest records pursuant to Section 610.123 RSMo (2000). 1 The State argues the trial court erred in not having a hearing on the record. We affirm.

The facts are undisputed. Smith filed his petition for the expungement of his arrest records on October 23, 2007. The State subsequently filed its answer consenting to the expungement of Smith’s arrest records and alleging Smith had no…