HB 1027 -- Expungement of Certain Criminal Records

Sponsor:  Nasheed

This bill authorizes the expungement of certain criminal records
of adults and minors prosecuted as adults.  Convictions for any
violation of prostitution under Section 567.020, RSMo; any
misdemeanor or felony violation of Chapter 195; or certain
municipal ordinance violations or misdemeanors may be expunged.
The expungement of a record is allowed only when at least five
years has elapsed since the person requesting expungement has
completed his or her imprisonment, period of probation, or period
of parole and the person has not been convicted of or been placed
on probation for a misdemeanor or felony during the same period
and has not had any other petition for expungement granted.  The
expungement of records will not be allowed for driving while
intoxicated, driving with excessive blood-alcohol content, any
misdemeanor violation of Section 568.050 or 568.052, any
municipal ordinance violation or misdemeanor offense committed by
a holder of a commercial driver's license, any misdemeanor
offense requiring registration as a sexual offender, or any
violation of an order of protection issued under Chapter 455.

Any individual wanting to expunge a criminal record is required
to file a petition in the civil division of the circuit court
naming as defendants all entities whom the petitioner has reason
to believe may possess the record.  The court must schedule a
hearing on the expungement petition no sooner than 30 days from
the filing of the petition and must give reasonable notice of the
hearing to each official agency or other entity named in the
petition.  If a court grants the order of expungement, the
records and files maintained in any administrative or court
proceeding in an associate circuit or circuit court for any
offense ordered expunged will be confidential and only available
to the parties or by order of the court for good cause shown.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am