HB 1809 -- 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 have 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 other
misdemeanor sexual offense, 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 verified petition for expungement 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.  An individual is only allowed to
file one petition for expungement.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:12 pm