Michael Cunningham was rear-ended while driving to work in Springfield, Missouri, six months after his felony conviction was expunged. When responding trooper Amanda Kahler spotted a handgun in his car, she ran his criminal history and found a notation reading "**Closed Pursuant to Chapter 610 RSMo**" - but the patrol doesn't train officers to recognize this as indicating an expunged conviction. Despite Cunningham explaining the expungement, Kahler arrested him for unlawful firearm possession by a felon.
The Eighth Circuit found Cunningham plausibly alleged constitutional violations against both officials. Writing for the court, Circuit Judge Grasz concluded that Kahler "should have known his conviction was expunged, so she arrested him without probable cause" since Missouri law clearly established that expunged convictions cannot support felon-in-possession charges. The court rejected arguments that Missouri's 2018 expungement amendments allowed such arrests, calling one defense argument "frivolous."
Cunningham sued the trooper and patrol officials in Missouri state court before the case was removed to federal court. The district court denied motions to dismiss from then-Superintendent Eric Olson and his successor Michael Turner, leading to this interlocutory appeal. Turner was automatically substituted as appellant for the official-capacity claims when he replaced Olson as superintendent.
The ruling allows Cunningham's case to proceed, potentially exposing the patrol to damages and injunctive relief requiring better training on expungement notations. The decision could impact how law enforcement agencies across Missouri handle criminal history records and train officers to recognize expunged convictions, as the court found the current system creates a risk of future false arrests.