Bill Text: MO HB1677 | 2012 | Regular Session | Introduced
Bill Title: Authorizes a person to apply to a court for the expungement of certain criminal records
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-28 - Public Hearing Completed (H) [HB1677 Detail]
Download: Missouri-2012-HB1677-Introduced.html
SECOND REGULAR SESSION
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES ELLINGER (Sponsor), MORGAN, McCREERY AND SWEARINGEN (Co-sponsors).
4929L.02I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 561.026 and 577.054, RSMo, and to enact in lieu thereof three new sections relating to petitions to expunge certain criminal records.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 561.026 and 577.054, RSMo, are repealed and three new sections enacted in lieu thereof, to be known as sections 488.650, 561.026, and 610.140, to read as follows:
488.650. There shall be assessed as costs a surcharge in the amount of five hundred dollars on all petitions for expungement filed under the provisions of section 610.140. Such surcharge shall be collected and disbursed by the clerk of the court as provided by sections 488.010 to 488.020. Moneys collected from this surcharge shall be payable to the general revenue fund.
561.026. Notwithstanding any other provision of law except for section 610.140, a person who is convicted:
(1) Of any crime shall be disqualified from registering and voting in any election under the laws of this state while confined under a sentence of imprisonment;
(2) Of a felony or misdemeanor connected with the exercise of the right of suffrage shall be forever disqualified from registering and voting;
(3) Of any felony shall be forever disqualified from serving as a juror.
610.140. 1. Notwithstanding any other provision of law and subject to the provisions of this section, any person may apply to any court in which he or she plead guilty or was found guilty of any of the offenses specified in subsection 2 of this section for an order to expunge from all official records all recordations of his or her arrest, plea, trial, or conviction. A person may apply to have one or more offenses expunged so long as such person lists all the offenses he or she is seeking to have expunged in the same petition and so long as all such offenses are eligible under subsection 2 of this section.
2. The following offenses that occurred within the state of Missouri, and were prosecuted under the jurisdiction of a Missouri municipal court or associate or circuit court, are eligible to be expunged:
(1) Any misdemeanor offense, except any offense that requires registration under sections 589.400 to 589.425; and
(2) Any municipal offense or infraction.
3. The court may order expungement under this section only when the following criteria are met for each of the offenses listed in the petition for expungement:
(1) It has been at least eight years since the person making the application completed:
(a) Any sentence of imprisonment; or
(b) Any period of probation or parole; and
(2) The person has not been convicted of a misdemeanor or felony, or been placed on probation for a misdemeanor or felony during the eight-year period specified in subdivision (1) of this subsection. For purposes of this paragraph, violations of the traffic regulations provided under chapters 304 and 307 shall not be considered.
4. If the court determines, after hearing, that such person meets all the criteria set forth in subsection 3 of this section for each of the offenses listed in the petition for expungement the court shall enter an order of expungement. If the court determines that such person has not met the criteria for any of the offenses listed in the petition for expungement, the court shall enter an order dismissing the petition. Any person whose petition for expungement has been dismissed by the court for failure to meet the criteria set forth in subsection 3 of this section may refile such petition as soon as all the criteria has been met for each of the offenses listed in the petition.
5. Upon granting of the order of expungement, the records and files maintained in any administrative or court proceeding in a municipal court, an associate circuit or circuit court division of the circuit court for any offense ordered expunged under this section shall be confidential and only available to the parties or by order of the court for good cause shown. The effect of such order shall be to restore such person to the status he or she occupied prior to such arrests, pleas, trials, or convictions as if such events had never taken place. No person as to whom such order has been entered shall be held thereafter under any provision of law to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrests, pleas, trials, convictions, or expungement in response to any inquiry made of him or her for any purpose whatsoever and no such inquiry shall be made for information relating to an expungement under this section.
6. Any person who wishes to have a record of arrests, pleas, trials, or convictions expunged under the provisions of this section may file a verified petition for expungement in the civil division of the circuit court in which the person plead or was found guilty as provided in subsection 1 of this section. The petition shall be dismissed if it does not include the following information:
(1) The petitioner's:
(a) Full name;
(b) Sex;
(c) Race;
(d) Driver's license number, if applicable;
(e) Social Security number; and
(f) Current address;
(2) Each offense charged against the petitioner for which the petitioner is requesting expungement;
(3) The date the petitioner was arrested for each offense;
(4) The name of the county where the petitioner was arrested for each offense and if any of the offenses occurred in a municipality, the name of the municipality for each offense;
(5) The name of the agency that arrested the petitioner for each offense;
(6) The case number and name of the court for each offense;
(7) Petitioner's fingerprints on a standard fingerprint card at the time of filing a petition for expungement which will be forwarded to the central repository for the sole purpose of positively identifying the petitioner.
7. The petition shall name as defendants all law enforcement agencies, courts, prosecuting attorneys, central state repositories of criminal records, or others who the petitioner has reason to believe may possess the records subject to expungement for each of the offenses listed in the petition. The court's order of expungement shall not affect any person or entity not named as a defendant in the action.
8. The court shall set a hearing on the matter no sooner than thirty days from the filing of the petition and shall give reasonable notice of the hearing to each entity named in the petition.
9. If the court finds that the petitioner is entitled to expungement it shall enter an order directing expungement. A copy of the order shall be provided to each entity named in the petition.
10. The Missouri supreme court shall promulgate rules establishing procedures for the handling of cases filed under the provisions of this section. Such procedures shall be similar to the procedures established in chapter 482 for the handling of small claims.
11. Nothing contained in this section shall prevent the court from maintaining records to ensure that an individual has only one petition for expungement granted under this section.
[577.054. 1. After a period of not less than ten years, an individual who has pleaded guilty or has been convicted for a first alcohol-related driving offense which is a misdemeanor or a county or city ordinance violation and which is not a conviction for driving a commercial motor vehicle while under the influence of alcohol and who since such date has not been convicted of any other alcohol-related driving offense may apply to the court in which he or she pled guilty or was sentenced for an order to expunge from all official records all recordations of his or her arrest, plea, trial or conviction. If the court determines, after hearing, that such person has not been convicted of any subsequent alcohol-related driving offense, has no other subsequent alcohol-related enforcement contacts as defined in section 302.525, and has no other alcohol-related driving charges or alcohol-related enforcement actions pending at the time of the hearing on the application, the court shall enter an order of expungement. Upon granting of the order of expungement, the records and files maintained in any administrative or court proceeding in an associate or circuit division of the circuit court under this section shall be confidential and only available to the parties or by order of the court for good cause shown. The effect of such order shall be to restore such person to the status he or she occupied prior to such arrest, plea or conviction and as if such event had never taken place. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrest, plea, trial, conviction or expungement in response to any inquiry made of him or her for any purpose whatsoever and no such inquiry shall be made for information relating to an expungement under this section. A person shall only be entitled to one expungement pursuant to this section. Nothing contained in this section shall prevent the director from maintaining such records as to ensure that an individual receives only one expungement pursuant to this section for the purpose of informing the proper authorities of the contents of any record maintained pursuant to this section.
2. The provisions of this section shall not apply to any individual who has been issued a commercial driver's license or is required to possess a commercial driver's license issued by this state or any other state.]
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