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BUTLER v. MISSOURI STATE CRIMINAL RECORDS REPOSITORY

No. ED 89622.

241 S.W.3d 429 (2007)

Ralph BUTLER, Respondent, v. MISSOURI STATE CRIMINAL RECORDS REPOSITORY, et al., Appellants.

Missouri Court of Appeals, Eastern District, Division Three.

December 18, 2007.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Christopher R. Fehr, Jefferson City, MO, for appellant.

Ralph W. Butler, St. Louis, MO, for respondent.

ROY L. RICHTER, Presiding Judge.

The State of Missouri ("State") appeals the trial court's judgment ordering expungement of an arrest record on Ralph Butler ("Butler") under Section 610.123 RSMo Cum.Supp.2005. We reverse and remand.

I. BACKGROUND

Butler filed a petition seeking expungement of an arrest. Although the trial court conducted a hearing, it neglected to record the proceedings. The trial court entered judgment in favor of Butler and ordered...

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