[−] removed[+] addedOfficial text
[−]removed: SECOND REGULAR SESSION
[+]added: 5600S.03C
1
SENATE [−]removed: BILL NO. [+]added: COMMITTEE SUBSTITUTE
FOR
SENATE BILLS NOS. 854
[−]removed: 103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WILLIAMS.
5600S.01I KRISTINA MARTIN, Secretary
[+]added: & 1494
AN ACT
To [−]removed: amend chapter 610, [+]added: repeal sections 43.500, 43.530, and 565.030, RSMo, [−]removed: by adding thereto four [+]added: and to enact in lieu thereof seven new sections relating to [−]removed: expungement.
[+]added: proceedings resulting from criminal
conduct.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. [−]removed: Chapter 610, [+]added: Sections 43.500, 43.530, and 565.030, RSMo, [−]removed: is amended by adding thereto four [+]added: are repealed and seven new [−]removed: sections, [+]added: sections enacted in lieu thereof, to be known as sections [+]added: 43.500, 43.530, 476.411, 565.030, 610.141, [−]removed: 610.142, 610.143, and 610.144, to read as follows: [−]removed: 610.141. 1. [+]added: 43.500. As used in sections [−]removed: 610.140 [+]added: 43.500 to [−]removed: 610.146, [+]added: 43.651, the following terms mean: (1) [−]removed: "Automated expungement", technology-assisted, state-initiated bulk closing [+]added: "Administration of [−]removed: records in [+]added: criminal justice", performance
of any of the [−]removed: manner established under section 610.120; [+]added: following activities: detection,
apprehension, detention, pretrial release, post-trial
release, prosecution, adjudication, correctional
supervision, or rehabilitation of accused persons or
criminal offenders. The administration of criminal justice
shall include the discretion to disclose closed mobile video
recordings. Such discretion shall belong solely to the
agency creating the video and shall not waive closure rights
or requirements for subsequent requests. The administration
of criminal justice shall include the screening of employees
or applicants seeking employment with criminal justice
agencies, criminal identification activities, and the
collection, storage, and dissemination of criminal history
information, including fingerprint searches, photographs,
and other unique biometric identification;
2
(2) "Central repository", the [+]added: division within the
Missouri state highway patrol [−]removed: central repository [+]added: responsible for compiling and disseminating complete and accurate criminal history [−]removed: records; [+]added: records
and statistics;
(3) [−]removed: "Charges pending", charges for which an individual has not yet been sentenced; [+]added: "Committee", criminal records and justice
information advisory committee;
(4) [−]removed: "Clean slate eligible offense", an infraction, misdemeanor, or felony not listed under subsection 2 [+]added: "Comparable ordinance violation", a violation of [−]removed: section 610.140 for which an [−]removed: electronic record exists; (5) "Close" or "closed", to make records inaccessible to the general public and to [+]added: ordinance having all [−]removed: individuals other than the [−]removed: defendant, except as provided under section 610.120 and chapter 43; (6) "Expunge" [+]added: essential elements of a
statutory felony or [−]removed: "expunged", to close a [+]added: class A misdemeanor;
(5) "Criminal history record [−]removed: in the manner established under section 610.120; (7) "Final disposition", the date the person has completed his or her incarceration or probation [+]added: information", information
collected by criminal justice agencies on individuals
consisting of identifiable descriptions and [−]removed: has satisfied all obligations, including the payment [+]added: notations of [+]added: arrests, detentions, indictments, informations, or other
formal criminal charges, and any [−]removed: restitution, but not including [+]added: disposition arising
therefrom, sentencing, correctional supervision, and release;
(6) "Final disposition", the [−]removed: payment [+]added: formal conclusion of [−]removed: outstanding fines or fees imposed by the court; (8) "Petitioner", includes a [−]removed: person who has petitioned the court to have his or her conviction or convictions expunged and a person whose conviction or convictions have been automatically expunged under this section; (9) "Traffic violation", a violation of the traffic regulations provided under chapters 301, 302, 303, 304, and 307. 2. (1) Beginning August 28, 2029, all records and files maintained in any administrative or court [+]added: criminal proceeding [−]removed: in a municipal, associate, or circuit court pertaining to clean slate eligible offenses shall be closed [+]added: at whatever stage it occurs in the [−]removed: manner established under section 610.120 without the filing of [+]added: criminal justice system;
(7) "Missouri charge code", a [−]removed: petition under section 610.140, subject to [+]added: unique number assigned
by the [−]removed: limitations contained in subdivisions (2), (3), and (4) [+]added: office of [−]removed: this subsection and subject [+]added: state courts administrator to [+]added: an offense
for tracking and grouping offenses. Beginning January 1,
2005, the [−]removed: following: (a) For cases in which [+]added: complete charge code shall consist of digits
assigned by the [−]removed: imposition [+]added: office of [−]removed: sentence has been suspended, if an individual has successfully completed probation, [+]added: state courts administrator, the [−]removed: record shall be closed so long as one year has passed since final disposition, [+]added: two-digit national crime information center modifiers and [−]removed: the individual has not committed any felony or misdemeanor offense other than a [−]removed: traffic violation during that time; (b) For infractions, municipal offenses, and misdemeanors, [+]added: single digit designating attempt, accessory, or conspiracy.
The only exception to the [−]removed: record [+]added: January 1, 2005, date shall be [−]removed: closed if one year has passed since final disposition and the [−]removed: individual has not committed any felony or misdemeanor offense other than a traffic violation during [+]added: courts that [−]removed: time; (c) For felony offenses, [+]added: are not using the [−]removed: record shall be closed if three years have passed since final disposition and [+]added: statewide court automation
case management pursuant to section 476.055; the [−]removed: individual has not committed any felony or misdemeanor offense other than a traffic violation during that time; (d) For [+]added: effective
date will be as soon thereafter as economically feasible for
all [−]removed: of an individual's offenses if the individual has attained sixty-five years of age and has not been convicted of any misdemeanors or felonies other [−]removed: than [+]added: courts;
(8) "State offense cycle number", a [−]removed: traffic violation [+]added: unique number,
supplied by or [−]removed: a technical violation of [+]added: approved by the [−]removed: terms of their probation or parole in [+]added: Missouri state highway
patrol, on the [−]removed: immediate ten preceding years; or (e) All offenses for which [+]added: state criminal fingerprint card. The offense
3
cycle number, OCN, is used to link the [−]removed: governor [+]added: identity of [−]removed: Missouri has granted a [−]removed: full pardon. (2) Records pertaining [+]added: person,
through unique biometric identification, to [−]removed: juvenile adjudications [+]added: one or [+]added: many
offenses [−]removed: involving the operation of a motor vehicle are not eligible for [−]removed: automated expungement. (3) No offense, violation, [+]added: which the person is arrested or [−]removed: infraction shall [+]added: charged. The
OCN will be [−]removed: eligible for automated expungement if a person has charges pending during [+]added: used to track an offense incident from the [−]removed: period [+]added: date
of [−]removed: review for clean slate eligibility as described in subsection 3 [+]added: arrest to the final disposition when the offender exits
from the criminal justice system;
(9) "Unique biometric identification", automated
methods of [−]removed: this section. (4) (a) An [+]added: recognizing and identifying an individual [+]added: based
on a physiological characteristic. Biometric identification
methods may [−]removed: be granted more than one expungement under this section, provided that during his or her lifetime [+]added: include but are not limited to facial
recognition, fingerprints, palm prints, hand geometry, iris
recognition, and retinal scan.
43.530. 1. For each request requiring the [−]removed: total number [+]added: payment of [−]removed: offenses, violations, or infractions for which expungement can be granted to [+]added: a fee received by the [−]removed: individual under this section or section 610.140 [+]added: central repository, the requesting
entity shall [+]added: pay a fee of not [−]removed: exceed the following limits: a. No more than [−]removed: two felony offenses; and b. No more than four misdemeanor offenses or ordinance violations that have an authorized term of imprisonment. (b) An individual may be granted expungement under this section [+]added: nine dollars per
request for [−]removed: any number of infractions. (c) If an individual's [+]added: criminal history record [−]removed: contains more felonies [+]added: information not based on
a fingerprint search. In each year beginning on or [−]removed: misdemeanors than can be expunged during [+]added: after
January 1, 2010, the [−]removed: individual's lifetime under paragraph (a) of this subdivision, [+]added: superintendent may increase the [−]removed: individual shall [+]added: fee
paid by requesting entities by an amount not [−]removed: be eligible for automated expungement [+]added: to exceed one
dollar per year, however, under [−]removed: this section. (d) [+]added: no circumstance shall the
fee paid by requesting entities exceed [fifteen] twenty
dollars per request.
2. For [−]removed: purposes [+]added: each request requiring the payment of [−]removed: determining lifetime limits on expungement under this section and section 610.140: a. If [+]added: a fee
received by the [−]removed: offenses or violations were charged as counts in [+]added: central repository, the [−]removed: same case, all such offenses and violations [+]added: requesting entity
shall [−]removed: count as only the highest level offense or violation in that case for purposes [+]added: pay a fee of [−]removed: determining lifetime limits [+]added: not more than twenty dollars per request
for criminal history record information based on [−]removed: expungement [+]added: a
fingerprint search, unless the request is required under [−]removed: this [+]added: the
provisions of subdivision (6) of section [−]removed: and [+]added: 210.481, section [−]removed: 610.140. However, if one [+]added: 210.487, or [−]removed: more counts [+]added: section 571.101, in [+]added: which case the [−]removed: same indictment or information or conduct committed were a part [+]added: fee shall be
fourteen dollars.
3. Upon establishment of [+]added: a fingerprinting system
within the [−]removed: same course of criminal conduct as an offense listed in subsection 2 of section 610.140, [+]added: central repository, the [−]removed: entire record [+]added: superintendent shall [−]removed: not be expunged [+]added: collect the current vendor fee for device usage by
4
requestors under this section. [−]removed: b. If [+]added: When initially established,
the [−]removed: offenses or violations were committed by an individual who has reached sixty-five years of age and has [+]added: fee shall not [−]removed: been convicted of any misdemeanors or felonies other than traffic violations [+]added: exceed the vendor fee then in [+]added: place for
legacy livescan devices under state contract. Thereafter
the [−]removed: immediate ten preceding years, all clean slate eligible offenses shall be expunged. (e) [+]added: superintendent may increase the fee by no more than
fifty cents per year. The [−]removed: court [+]added: fee shall [−]removed: maintain records [+]added: be deposited to [−]removed: ensure that a person has not exceeded the [−]removed: limitations provided [+]added: Criminal Record System Fund.
4. A request made under [−]removed: this subsection. Nothing in [+]added: subsections 1 and 2 of this section shall be [−]removed: construed [+]added: limited to [−]removed: limit [+]added: check and search on one
individual. Each request shall be accompanied by a check,
warrant, voucher, money order, or [−]removed: impair [+]added: electronic payment payable
to the [−]removed: subsequent use [+]added: state of [−]removed: any [+]added: Missouri-criminal record [−]removed: maintained [+]added: system or payment
shall be made in a manner approved by the [−]removed: court [+]added: highway patrol.
The highway patrol may establish procedures for [+]added: receiving
requests for criminal history record information for
classification and search for fingerprints, from courts and
other entities, and for the [−]removed: purpose of any law enforcement or prosecutorial investigation or activity including any arrest or findings [+]added: payment of [−]removed: guilt expunged under this section [+]added: such requests. There
is hereby established by [−]removed: a law enforcement agency, criminal justice agency, prosecuting attorney, circuit attorney, or municipal prosecuting attorney, including its use as a prior offense, violation, or infraction in a subsequent criminal or civil investigation or prosecution. 3. (1) Beginning August 28, 2029, on a monthly basis, the [−]removed: office [+]added: treasurer of [+]added: the state [−]removed: courts administrator shall identify and transmit [+]added: of
Missouri a fund to [+]added: be entitled as the [−]removed: central repository and every prosecuting agency in [+]added: "Criminal Record
System Fund". Notwithstanding the [−]removed: state all clean slate eligible offense records within thirty days [+]added: provisions of [+]added: section
33.080 to the [−]removed: record becoming eligible for automated expungement. (2) Records that [+]added: contrary, if the moneys collected and
deposited into this fund are [−]removed: eligible [+]added: not totally expended annually
for [−]removed: automated expungement on or before August 28, 2026, shall be identified and expunged by August 28, 2031. (3) Delinquent court costs, fines, fees, or other sums ordered by a court, except restitution owed [+]added: the purposes set forth in sections 43.500 to [−]removed: a victim of a crime, [+]added: 43.651, the
unexpended moneys in such fund shall [−]removed: not be expunged [+]added: remain in the fund and [+]added: the balance shall [−]removed: not be [−]removed: considered by [+]added: kept in the [+]added: fund to accumulate from
year to year.
476.411. Beginning January 1, 2031, and each year
thereafter, the office of state courts administrator [−]removed: when determining expungement of a record without [+]added: and the [−]removed: filing of a petition under subsection 2 of this section. The office of [+]added: Missouri state [−]removed: courts administrator [+]added: highway patrol shall [−]removed: seek [+]added: submit a [−]removed: setoff of [+]added: report to the
joint committee on the justice system, the house judiciary
committee or any [−]removed: income tax refund [+]added: successor committee, and [−]removed: lottery prize payouts [+]added: the senate
judiciary and civil and criminal jurisprudence committee or
any successor committee providing statistical information
5
for the prior year, arranged by judicial circuit and county,
of:
(1) The number of clean slate eligible offenses as
defined under section [−]removed: 488.5028 for all delinquent court costs, fines, fees, or other sums ordered [+]added: 610.141 identified by [−]removed: a court relating to convictions expunged [+]added: the Missouri
state highway patrol under subsection 2 of [−]removed: this section. (4) Each prosecuting agency in this state has no later than sixty days from the day on which the notice described in subdivision (1) of this subsection is [+]added: section 610.141
and transmitted to [−]removed: object [+]added: the courts;
(2) The number of identified clean slate eligible
offenses to [+]added: which a prosecuting attorney filed an [−]removed: automated [+]added: objection
under subsection 3 of section 610.141; and
(3) The number of orders of expungement [+]added: issued under
section 610.141.
The data shall be aggregated by race, sex, age, circuit,
county, and [−]removed: transmit [+]added: offense type and level if such [−]removed: objection [+]added: data is available.
565.030. 1. Where murder in the first degree is
charged but not submitted or where the state waives the
death penalty, the submission to [+]added: the trier and all [−]removed: parties. The prosecuting agency may object [+]added: subsequent proceedings in the case shall proceed as in all
other criminal cases.
2. Where murder in the first degree is submitted to the [−]removed: automatic expungement for any [+]added: trier without a waiver of the [−]removed: following reasons: (a) After reviewing [+]added: death penalty, the [−]removed: prosecuting agency's record, [+]added: trial
shall proceed in two stages before the [−]removed: agency believes [+]added: same trier. At the [−]removed: record does not meet [+]added: first stage the [−]removed: definition [+]added: trier shall decide only whether the
defendant is guilty or not guilty of [−]removed: a clean slate eligible case; (b) [+]added: any submitted offense.
The [−]removed: person has [+]added: issue of punishment shall not [−]removed: paid court-ordered restitution [+]added: be submitted to the [−]removed: victim; or (c) The person has charges pending against them in another case. (5) [+]added: trier
at the first stage. If [+]added: an offense is charged other than
murder in the first degree in a [−]removed: prosecuting agency objects for [+]added: count together with a [−]removed: reason described in subdivision (4) of this subsection, within sixty days [+]added: count
of [+]added: murder in the [−]removed: day [+]added: first degree, the trial judge shall assess
punishment on [−]removed: which [+]added: any such offense according to law, after the [−]removed: notice described in subdivision (1) of this subsection [+]added: defendant is [−]removed: transmitted, [+]added: found guilty of such offense and after he finds
the [−]removed: record shall not [+]added: defendant to be [−]removed: expunged. (6) If sixty days have passed without an objection from a [−]removed: prosecuting agency or the central repository for one of [+]added: prior offender pursuant to chapter 558.
3. If murder in the [−]removed: reasons set forth under this subsection, [+]added: first degree is submitted and the [−]removed: office of state courts administrator shall transmit within fifteen days all [+]added: death penalty was not waived but the [−]removed: records to be expunged, sorted by circuit, to [+]added: trier finds the [−]removed: presiding judges of every circuit court. (7) (a) Within thirty days [+]added: 6
defendant guilty of [−]removed: receiving a [−]removed: notice to expunge, [+]added: lesser homicide, a second stage of the [−]removed: circuit court [+]added: trial shall [−]removed: issue orders for expungement of [+]added: proceed as in all [−]removed: records maintained [+]added: other criminal cases. The
attorneys may then argue as in [+]added: other criminal cases the [−]removed: circuit for which no notification [+]added: issue of [−]removed: ineligibility was received by [+]added: punishment, after which the [−]removed: office of state courts administrator from [+]added: trier shall assess and
declare the [−]removed: central repository or a prosecuting agency unless [+]added: punishment as in all other criminal cases.
4. If the [−]removed: circuit court determines [+]added: trier at the [−]removed: record is [+]added: first stage of a trial where
the death penalty was not [−]removed: eligible for automated expungement. (b) If [+]added: waived finds the [−]removed: circuit court determines [+]added: defendant guilty
of murder in the first degree, a [−]removed: record is not eligible for automated expungement, [+]added: second stage of the [−]removed: court [+]added: trial
shall [−]removed: notify [+]added: proceed at which the [−]removed: office [+]added: only issue shall be the
punishment to be assessed and declared. Evidence in
aggravation and mitigation of [−]removed: state courts administrator [+]added: punishment, including but not
limited to evidence supporting any of the aggravating or
mitigating circumstances listed in [−]removed: writing [+]added: subsection 2 or 3 of [−]removed: its determination [+]added: section 565.032, may be presented subject to the rules of
evidence at criminal trials. Such evidence may include,
within [−]removed: thirty days [+]added: the discretion of the court, evidence concerning the
murder victim and [−]removed: shall specify the [−]removed: reasons [+]added: impact of the [−]removed: court relied [+]added: offense upon [−]removed: in making the [−]removed: determination. (8) On [+]added: family
of the victim and others. Rebuttal and surrebuttal evidence
may be presented. The state shall be the first to proceed.
If the trier is a [−]removed: monthly basis, each circuit court [+]added: jury it shall [+]added: be instructed on the law.
The attorneys may then argue the issue [−]removed: orders for expungement of [−]removed: all records of arrest, charge, [+]added: punishment to the
jury, and [−]removed: conviction for ordinance violations [+]added: the state shall have the right to open and [−]removed: nonfingerprintable offenses in [+]added: close
the [−]removed: circuit that [+]added: argument. The trier shall assess and declare the [−]removed: court determines are eligible [+]added: punishment at life imprisonment without eligibility for [−]removed: automated expungement. (9) On [+]added: probation, parole, or release except by act of the governor:
(1) If the trier finds by a [−]removed: monthly basis, each circuit court shall transmit copies [+]added: preponderance of [−]removed: all orders for expungement [+]added: the
evidence that the [−]removed: court issues under this section to [+]added: defendant is intellectually disabled; or
(2) If the [−]removed: office [+]added: trier does not find beyond a reasonable
doubt at least one of [−]removed: state courts administrator. (10) Once the [−]removed: transmitted records are expunged, [+]added: statutory aggravating
circumstances set out in subsection 2 of section 565.032; or
(3) If the [−]removed: office [+]added: trier [concludes that there is evidence in
mitigation of [−]removed: state courts administrator shall provide notice [+]added: punishment, including but not limited to [−]removed: all state agencies maintaining official copies [+]added: evidence supporting the statutory mitigating circumstances
7
listed in subsection 3 of [+]added: section 565.032, which is
sufficient to outweigh the [−]removed: records [+]added: evidence in aggravation of
punishment found by the trier] does not determine by
unanimous vote that the aggravating circumstance or
circumstances previously found outweigh the mitigating
circumstance or circumstances including, but not limited to, [−]removed: the appropriate circuit court clerk, the prosecuting or circuit attorney, the arresting law enforcement agency [+]added: those mitigating circumstances set out in subsection 3 of
section 565.032; or [−]removed: agencies, [+]added: (4) If the [−]removed: department [+]added: trier decides under all of [−]removed: corrections, the [−]removed: central repository, [+]added: circumstances not to assess and [+]added: declare the [−]removed: department of revenue to expunge [+]added: punishment at
death. If the [−]removed: records within thirty days. (11) The Missouri state highway patrol shall retain [+]added: trier is a [−]removed: nonpublic record of [+]added: jury it shall be so instructed.
If the [−]removed: order expunging a conviction or other notification regarding a conviction that was automatically expunged under this section [+]added: trier assesses and [−]removed: of [+]added: declares the [−]removed: record of [+]added: punishment at death
it shall, in its findings or verdict, set out in writing the [−]removed: arrest, fingerprints, conviction, and sentence [+]added: aggravating circumstance or circumstances listed in
subsection 2 of [+]added: section 565.032 which it found beyond a
reasonable doubt. If the [−]removed: person in [+]added: trier is a jury it shall be
instructed before the case [+]added: is submitted that if it is unable
to [−]removed: which [+]added: decide or agree upon the [−]removed: order [+]added: punishment the court shall
assess and declare the punishment at life imprisonment
without eligibility for probation, parole, or [−]removed: other notification applies. [+]added: release except
by act of the governor [or death. The [−]removed: nonpublic record [+]added: court shall [−]removed: be made available only [+]added: follow
the same procedure as set out in this section whenever it is
required to [−]removed: a court [+]added: determine punishment for murder in the first
degree].
5. Upon written agreement of [−]removed: competent jurisdiction, the [−]removed: office [+]added: parties and with
leave of [−]removed: state courts administrator, the [−]removed: department [+]added: court, the issue of [−]removed: corrections, a law enforcement agency, a prosecuting or circuit attorney, the [−]removed: attorney general, or [+]added: defendant's
intellectual disability may be taken up by the [−]removed: governor upon request [+]added: court and [−]removed: only for [+]added: decided prior to trial without prejudicing the [−]removed: following purposes: (a) To show that a person who has filed a petition [+]added: defendant's
right to [−]removed: expunge a conviction has previously had a conviction expunged under [+]added: have the issue submitted to the trier of fact as
provided in subsection 4 of this [−]removed: section; (b) The court's consideration [+]added: section.
6. As used in [−]removed: determining [+]added: this section, the [−]removed: sentence [+]added: terms "intellectual
disability" or "intellectually disabled" refer to [−]removed: be imposed upon conviction for a [−]removed: subsequent offense that is punishable as a felony or [+]added: 8
condition involving substantial limitations in general
functioning characterized by [−]removed: imprisonment for [+]added: significantly subaverage
intellectual functioning with continual extensive related
deficits and limitations in two or more [−]removed: than one year; (c) Consideration by the governor if a person whose conviction has been expunged applies for a pardon for another offense; (d) Consideration by the department [+]added: adaptive behaviors
such as communication, self-care, home living, social
skills, community use, self-direction, health and safety,
functional academics, leisure and work, which conditions are
manifested and documented before eighteen years of [−]removed: corrections [+]added: age.
7. The provisions of this section shall only govern
offenses committed on or [−]removed: a law enforcement agency if a person whose conviction has been expunged applies for employment with [+]added: after August 28, 2001.
610.141. 1. For the [−]removed: department [+]added: purposes of [−]removed: corrections or a law enforcement agency; (e) Consideration by a court, law enforcement agency, prosecuting or circuit attorney, or [+]added: this section, the [−]removed: attorney general [+]added: following terms shall mean:
(1) "Court record information", any information stored
in [−]removed: determining whether a [−]removed: person required to register under sections 589.400 [+]added: statewide court automation system relating to [−]removed: 589.425 has committed an [+]added: a
specific criminal offense [−]removed: that requires registration under sections 589.400 [+]added: in this state;
(2) "Criminal history record information", data
relating to [−]removed: 589.425, or [+]added: the arrest, prosecution, court action,
detention, and other related information collected, stored,
and disseminated by the central repository for [−]removed: use [+]added: each criminal
offense in [−]removed: a prosecution [+]added: this state;
(3) "Eligible Offense", for [−]removed: committing an offense [−]removed: requiring registration under sections 589.400 to [−]removed: 589.425; or (f) Consideration by [+]added: be eligible,
it must:
(a) Be a [−]removed: court, law enforcement agency, prosecuting or circuit attorney, or the attorney general for use in making determinations regarding charges, plea offers, and sentencing, [+]added: qualifying offense, as [−]removed: applicable. (12) The office of state courts administrator shall create [+]added: defined in this
section;
(b) Be a [−]removed: digital access portal [+]added: final conviction;
(c) Be the only charge of [−]removed: all orders [+]added: conviction in a case or part
of [−]removed: expungement issued under this section. The portal shall allow users to determine if an order [+]added: a case that contains only convictions for [−]removed: automated expungement has [+]added: qualifying
offenses;
(d) Have been [−]removed: granted in an individual's name. The portal shall employ measures to prevent disclosure [+]added: one year since final disposition of [−]removed: any order to anyone other than the [−]removed: individual [+]added: eligible offense for [−]removed: whom the order was issued. 4. Any court sentencing [+]added: a misdemeanor and three years for a
felony;
(e) Be an [−]removed: individual [+]added: offender with no conviction for a [−]removed: clean slate eligible offense shall notify the individual at the time of sentencing [+]added: misdemeanor or felony within one calendar year of the [−]removed: date when [+]added: final
9
disposition of the [−]removed: individual's conviction may become eligible for automated expungement provided [+]added: expungable offense if the [−]removed: individual [+]added: offense is [−]removed: not convicted of any [+]added: a
misdemeanor [−]removed: or [+]added: and three years if the expungable offense is a
felony, not including [−]removed: a violation [+]added: violations of [−]removed: a traffic regulation, during the [−]removed: time period specified for the underlying offense or offenses. 5. Any probation or parole office releasing [+]added: traffic regulations
provided under chapters 301, 302, 303, 304, and 307;
(f) Be an [−]removed: individual from supervision [+]added: offender with no outstanding arrest or
pending charges for a [−]removed: clean slate eligible offense shall notify the individual [+]added: misdemeanor or felony at the time [−]removed: supervision is discharged of [−]removed: the date when the individual's record or records may become eligible [+]added: analysis for [−]removed: automated expungement provided the individual is not convicted of any misdemeanor or felony, [+]added: expungement, not including [−]removed: a violation [+]added: violations of [−]removed: a traffic regulation, during the [−]removed: time period specified for the underlying offense or offenses. 6. The provisions of this section shall apply retroactively to any arrest, charge, trial, [+]added: traffic regulations provided under chapters 301, 302, 303,
304, and [−]removed: conviction [+]added: 307; and
(g) Not be for [−]removed: which there is a digital record regardless [+]added: an class A felony;
(4) "Expungement", closure of the [−]removed: date that the arrest was made, the charge or charges were brought, the trial occurred, or the conviction was entered. 7. Nothing in this [+]added: record pursuant to
section [−]removed: precludes an individual from filing [+]added: 610.120;
(5) "Qualifying offense", a [−]removed: petition for expungement [+]added: conviction for:
(a) Possession of [−]removed: records under section 610.140 if an individual is eligible for an automated expungement [+]added: a controlled substance under [−]removed: this section [−]removed: if such an automated expungement has not yet occurred or cannot occur pursuant [+]added: 195.202, as it existed prior to [−]removed: the provisions of this section. 8. Upon the occurrence of one [+]added: January 1, 2017;
(b) Unlawful use of [−]removed: the circumstances provided [+]added: drug paraphernalia under [−]removed: subdivision (1) [+]added: section
195.233, as it existed prior to January 1, 2017;
(c) Possession or [−]removed: (2) [+]added: control of [−]removed: this subsection, a [−]removed: conviction that was expunged [+]added: controlled substance
under [−]removed: this section [−]removed: shall be reinstated by the court as provided in this subsection. (1) If it is determined that a conviction was improperly [+]added: 579.015; or [−]removed: erroneously expunged because the conviction was not eligible to be expunged [+]added: (d) Unlawful possession of drug paraphernalia under [−]removed: this section, the court shall, on its own motion, reinstate the conviction. (2) Upon a motion by [+]added: section 579.074.
(6) "Restoration of rights", a [+]added: full restoration of the
civil rights of such person [−]removed: owed restitution or on its own motion, [+]added: to the [−]removed: court shall reinstate a conviction that was expunged under this section for which [+]added: status occupied prior to
the [−]removed: person whose conviction [−]removed: was expunged was ordered to pay restitution [+]added: as if [+]added: such events had never taken place.
This includes the [−]removed: court determines that [+]added: right to vote, the [+]added: right to hold public
office, and to serve as a juror. No person [−]removed: has not made [+]added: with a [−]removed: good- faith effort [+]added: state
initiated expungement shall be held thereafter under any
provision of law to [−]removed: pay the ordered restitution. 9. Upon the entry [+]added: be guilty of [−]removed: an order under section 610.140, [+]added: perjury or [−]removed: upon the automated expungement of [+]added: otherwise giving
a [−]removed: conviction under this section, the petitioner, for purposes [+]added: false statement by reason of [−]removed: the law, [+]added: his or her failure to recite
or acknowledge such convictions or expungement in response
to an inquiry and no such inquiry shall be [−]removed: considered not [+]added: made for
information relating to [−]removed: have been previously convicted, [+]added: an expungement, except [−]removed: for purposes of the [−]removed: following: (1) The petitioner shall [−]removed: not be entitled to [+]added: disclose the [−]removed: remission of [+]added: expunged crime to any [−]removed: fine, costs, or other moneys paid as [+]added: entity
10
with authorization to access closed records under section
610.120. The expunged crime may be considered a [−]removed: consequence of [+]added: prior
offense in determining a [−]removed: conviction [+]added: sentence to be imposed for any
subsequent offense that [+]added: the person is [−]removed: expunged; (2) This section [+]added: found guilty of
committing. "Restoration of rights" shall not [−]removed: affect the right of the petitioner [+]added: include
rights related to [−]removed: rely upon the [−]removed: conviction to bar subsequent proceedings [+]added: uses for the [−]removed: same offense; (3) This [+]added: conviction detailed in
section [+]added: 610.120.
2. All eligible offenses shall [−]removed: not affect the right of [+]added: automatically be
expunged as a [−]removed: victim [+]added: matter of [−]removed: an offense to bring or defend a civil action for damages; (4) This section [+]added: law upon eligibility. The result of
the expungement shall [−]removed: not create [+]added: be a [−]removed: right to commence an action for damages for incarceration under the sentence that [+]added: closure of the [−]removed: petitioner served before [+]added: record and
restoration of rights, as defined in this section.
3. The central repository shall, on a rolling basis,
but not less than once per week, automatically screen
criminal history record information contained in the [−]removed: conviction is [+]added: statewide criminal history database for eligible offenses.
All eligible offenses shall be automatically expunged [−]removed: under [+]added: pursuant to this [−]removed: section; (5) This section [+]added: section. The central repository shall [−]removed: not relieve any obligation to pay restitution owed to [+]added: base
automated expungement record designations only on the [−]removed: victim of [+]added: data
available in its system. Once expunged, an offense [−]removed: nor [+]added: record
status shall [−]removed: such sections affect [+]added: reflect the [−]removed: jurisdiction [+]added: expungement in the criminal history
system by way of the [−]removed: convicting court or [+]added: Missouri Uniform Law Enforcement
System. If additional information is learned by the [−]removed: authority [+]added: central
repository relating to eligibility, the analysis may be
rerun as necessary and the record status updated.
4. The supreme court of [−]removed: any [+]added: Missouri shall, on a rolling
basis, but not less than once per week, automatically screen
court [−]removed: order with regard to enforcing an order [+]added: record information for [−]removed: restitution; (6) A conviction, including any records [+]added: eligible offenses. All case
materials relating to [−]removed: the conviction [+]added: eligible offenses shall be
automatically expunged pursuant to this section. Expunged
court record information shall be closed pursuant to section
610.120 and [+]added: available to the parties.
5. For purposes of compliance with this section, any [−]removed: records concerning [+]added: agency releasing investigative reports under chapter 610
11
shall treat said information as a [−]removed: collateral action, that has been [+]added: closed record where it
relates only to an expunged [+]added: offense under this [−]removed: section [+]added: section. It
shall [−]removed: not be [−]removed: used as evidence in an [−]removed: action for negligent hiring, admission, or licensure against any person; or (7) A conviction [+]added: affirmative defense that [−]removed: is expunged [+]added: an agency conducted a
Missouri Uniform Law Enforcement System query of the
relevant criminal history record and adhered to the record
status designation therein.
6. During the sentencing phase of any criminal case
for a qualifying offense under this [−]removed: section [+]added: section, the sentencing
court, upon its own motion or [−]removed: section 610.140 [+]added: motion of any party, may [−]removed: be considered [+]added: designate a [−]removed: prior conviction [+]added: ineligible for state initiated
expungement under this section if the record shows, by a [−]removed: court, law enforcement agency, prosecuting attorney, or [+]added: preponderance of the [−]removed: attorney general, as applicable, for purposes [+]added: evidence, that:
(1) The petitioner's habits and conduct demonstrate
that the petitioner is a threat to the public safety of [−]removed: charging [+]added: the
state;
(2) The state-initiated expungement is not consistent
with the public welfare; or
(3) The interests of justice do not warrant the
expungement.
Any party may request a [−]removed: crime as [+]added: hearing on such a [−]removed: second or subsequent offense or [+]added: motion and present
evidence. Upon a finding to exclude a conviction from state
initiated expungement, the court shall designate the
conviction type as not eligible for [+]added: state initiated
expungement in the statewide court automation system and
when transmitting the sentencing [+]added: information to the central
repository.
7. An offender shall be limited to three misdemeanor
and two felony expungements under [+]added: this section [−]removed: 550.016. 610.142. Beginning August 28, 2029, [+]added: and section
610.140 combined. Where a criminal case contains more than
one expungable offense, the [−]removed: office of state courts administrator [+]added: offense with the greatest
severity shall [−]removed: report to [+]added: be the [−]removed: judiciary committees [+]added: only offense that counts for the
purposes of [+]added: this subsection.
12
8. Nothing in this section shall prohibit the [−]removed: senate and house [+]added: filing
of [−]removed: representatives, or [+]added: an expungement petition under any [−]removed: successor committees, the following on [+]added: other provision of law
for which such a [−]removed: yearly basis: (1) The number [+]added: filing is permissible.
9. Notwithstanding any other provision of [−]removed: records expunged [+]added: law, the
sole remedy for relief for failure to expunge under [−]removed: subsection 2 [+]added: this
section shall be the filing of [+]added: an expungement petition under
section [−]removed: 610.141, by judicial circuit, with data aggregated by race, sex, age, circuit, county, and offense type and level; and (2) [+]added: 610.140.
10. The [−]removed: number [+]added: provisions of [−]removed: records transmitted back to [+]added: this section shall be effective
when technically feasible for both the [−]removed: office [+]added: supreme court of [−]removed: state courts administrator from the Missouri [−]removed: state highway patrol, any prosecuting agency, or any circuit court on objection that the record is not eligible for automated expungement or that the record does not match data held in [+]added: and the central repository, [−]removed: by judicial circuit, with data aggregated by race, sex, age, county, and offense type and level. [+]added: but no later than
January 1, 2028.
610.143. 1. A credit bureau may report records of arrests, indictments pending trial, and convictions of crimes for no longer than seven years from
[…]
determined by the court. 3. Any credit bureau or user of information that is negligent in failing to comply with any requirement of this [+]added: 13
section with respect to any consumer is liable to that consumer in an amount equal to: (1) Any actual damages sustained by the consumer
[…]
by a violation or a threatened violation of this section regardless of whether the consumer seeks any other remedy under this section. 5. An [−]removed: employer [+]added: employer, volunteer organization, or landlord
who [−]removed: employs [+]added: employs, qualifies, or otherwise engages an individual whose criminal history record has been expunged shall be immune from liability for any claim arising out of the misconduct of the individual if the misconduct relates to the portion of the criminal history record that has been expunged. [+]added: 6. A person granted an expungement shall disclose any
expunged offense if the disclosure of such information is
necessary to complete any application for employment with
any:
(1) Federally insured bank or savings institution or
credit union or an affiliate of such institution or credit
union for the purpose of compliance with 12 U.S.C. Section
1829 and 12 U.S.C. Section 1785; or
(2) Entity engaged in the business of insurance or any
insurer for the purpose of complying with 18 U.S.C. Section
1033, 18 U.S.C. Section 1034, or other similar law that
requires an employer engaged in the business of insurance to
exclude applicants with certain criminal convictions from
employment.
14
610.144. 1. (1) There is hereby created in the state treasury the "Missouri Expungement Fund", which shall consist of moneys [−]removed: deposited into [+]added: appropriated to it by the [−]removed: fund from any source including, but not limited to, [+]added: general assembly
and gifts, donations, grants, and bequests. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer
[…]
be a dedicated fund and, upon appropriation, moneys in this fund shall be used solely as provided in subsection 2 of this section. (2) [−]removed: Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. (3) The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund. 2. The [+]added: office of state courts administrator, the
department of public safety, [+]added: and the information technology services division within the office of [−]removed: administration, and the office of state courts administrator [+]added: administration shall expend moneys from the fund, upon appropriation, [−]removed: only [+]added: on the
statewide court automation case management system and the
Missouri criminal history record information system
established under sections 43.500 to 43.530 for one or more of the following purposes: (1) [−]removed: Implementation costs [+]added: Expenses that may be incurred [−]removed: under sections 610.141 to [−]removed: 610.143; (2) System upgrades necessitated [+]added: develop,
establish, maintain, or operate any information technology
equipment, software, systems, or services associated with
the expungement or closing of records under [−]removed: sections 610.141 to 610.143; [+]added: Missouri law,
including the development and implementation of any
technology-assisted, state-initiated bulk expungement or [−]removed: (3) Staffing needs necessitated [+]added: sealing of records under [−]removed: sections 610.141 to 610.143.[+]added: Missouri law; or
(2) The cost of necessary personnel or contractors.