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RSMo 302.545effective 28 Aug 2009

Expungement of records, when

In plain English

If someone under 21 gets their license suspended or revoked for the first time because they were caught driving with a blood alcohol level of 0.02%, the record of that suspension gets automatically erased either two years later or when they turn 21, whichever comes first. This does not happen if the person was driving a commercial vehicle or had a commercial driver's license at the time, and it does not apply if the person has a second suspension or gets convicted of a drunk driving crime before age 21.

Word-for-word law

302.545. of records, when. — 1. Any person who is less than twenty-one years of age and whose has been or , for a first under sections 302.500 to 302.540, that such person was driving with two-hundredths of one percent of , shall have all and all recordations maintained by the of such or 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 . No records shall be expunged if the person was or pled guilty to operating a , as defined in section 302.700, or if the person was holding a at the time of the , with a blood alcohol content of at least four-hundredths of one percent.

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

(1) Driving while pursuant to section 577.010; or

(2) Driving with pursuant to section 577.012.

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Source & history notes

(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).

View official source

Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 302.545: Expungement of records, when | KnowMo Laws