At the hearing on the petition, Director disputed the trial court's authority to order the expungement of the Department's administrative records of the suspension, noting that there is no statutory authority authorizing that action under these facts. The trial court ordered all defendants to delete all records of the arrest, confinement and the administrative action. It also noted Section 1.010, RSMo 1994, which declares that the Common Law of England, except where repugnant or inconsistent with the United States Constitution, the Missouri Constitution or the Missouri statutes, is the rule of action and decision. This Statute, enacted by the Legislature, does not prohibit other methods of expungement. The trial court concluded that it had jurisdiction and authority to issue an equitable decree ordering the expungement of Respondent's arrest records and the Department's records of the administrative suspension.
Director appeals that judgment.
1998, does not apply to the expungement of arrest records relating to alcohol-related offenses because other specific statutes govern expungement of those records. Section 610.122, RSMo Cum. 1998, by its terms, applies only to records of arrest, and then, only if the court finds that the arrest was based on false information and that all of the five conditions set forth in the statute are shown to exist. Respondent made no showing sufficient to satisfy any of these requirements. In fact, the trial court found that Section 610.122, RSMo Cum.