Read 1st time March 14, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To repeal section 610.122, RSMo Supp. 1999, relating to expungement of certain criminal records, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions.
Section A. Section 610.122, RSMo Supp. 1999, is repealed and seven new sections enacted in lieu thereof, to be known as sections 610.122, 610.135, 610.138, 610.140, 610.142, 610.144 and 610.146, to read as follows:
610.122. Notwithstanding other provisions of law to the contrary, any record of arrest recorded pursuant to section 43.503, RSMo, may be expunged if the court determines that:
(1) The arrest was based on false information and the following conditions exist:
(a) There is no probable cause, at the time of the action to expunge, to believe the individual committed the offense;
[(2)] (b) No charges will be pursued as a result of the arrest;
[(3)] (c) The subject of the arrest has no prior or subsequent misdemeanor or felony convictions or suspended impositions of sentence and there are no pending criminal investigations regarding the arrest;
[(4)] (d) The subject of the arrest did not receive a suspended imposition of sentence for the offense for which the arrest was made or for any offense related to the arrest; and
[(5)] (e) No civil action is pending relating to the arrest or the records sought to be expunged[.]; or
(2) No criminal charges have been filed against the subject of the arrest within ten years from the date of such arrest.
610.135. Sections 610.135 to 610.146 may be cited as the "Missouri Citizen Restoration Act".
610.138. For the purposes of sections 610.135 to 610.146, the following terms mean:
(1) "Sex-related offense", any crime defined in chapter 566, RSMo, section 568.020, subdivision (2) of subsection 1 of section 568.045, subdivision (2) of subsection 1 of section 568.060, and sections 568.080 and 568.090, RSMo; and
(2) "Violent felony", any crime punishable as a class A felony, any crime punishable as a class B felony of an intentional act or any crime in which a deadly weapon, as defined in section 556.061, RSMo, was used or displayed.
610.140. A person who has pled guilty to or found guilty of no more than one felony or two misdemeanors may petition the circuit court to have such person's record, including juvenile records, sealed, if the person:
(1) Has not pled guilty to or been found guilty of a misdemeanor other than minor traffic offenses for at least ten consecutive years or pled guilty to or been found guilty of a felony for at least fifteen consecutive years, after being discharged from probation or released from incarceration;
(2) Is not currently on probation or parole;
(3) Has not pled guilty to or been found guilty of a violent felony;
(4) Has not pled guilty to or been found guilty of a sex-related offense;
(5) Has not pled guilty to or been found guilty of any offense of distributing a controlled substance as described in chapter 195, RSMo, and punishable as a class A or B felony;
(6) Has not previously petitioned to have such person's records sealed pursuant to the provisions of sections 610.135 to 610.146;
(7) Has not been convicted, as that term is defined in section 302.700, RSMo, for the operation of a commercial motor vehicle, as defined in section 302.700, RSMo, with a blood alcohol content of at least four-hundredths of one percent;
(8) Is at least twenty-five years of age;
(9) Has made the full restitution ordered by the court for the original offense;
(10) Been an active member in good standing for two years or more in a recognized community service organization, or a faith based religious organization; and
(11) Has paid all outstanding judgments including child support.
610.142. If the court finds that a person has met the requirements of section 610.140, the court may in the court's discretion after considering the totality of the circumstances set aside all verdicts or findings of guilty and allow the petitioner to withdraw all pleas of guilty and may dismiss with prejudice all cases against the petitioner, and may order all criminal and juvenile records of the petitioner to be sealed. Notwithstanding any other provision of law to the contrary, such petitioners waive all rights of being employed by any Missouri-licensed gambling operation. If the petitioner is arrested for committing any crime, other than minor traffic offenses, during the pendency of the action, the court shall stay such action until the resolution of any indictment or information filed pursuant to such arrest.
610.144. 1. A person who knowingly fails to seal, or releases information which has been ordered sealed pursuant to section 610.142, is guilty of a class B misdemeanor.
2. A person who, knowing the records have been ordered sealed, uses the information for financial gain is guilty of a class D felony.
610.146. 1. The sealing of any record shall not reflect on the validity of the arrest or conviction and shall not be construed to indicate a lack of probable cause for the arrest.
2. The petitioner shall not bring any action subsequent to the sealing against any law enforcement officer or law enforcement agency relating to the arrest or conviction described in the sealed records.
3. The public shall not have access to records sealed pursuant to sections 610.135 to 610.146. Law enforcement agencies shall have access to these records.
4. For the purposes of section 610.120, the term "closed" shall include sealed.
Missouri House of Representatives