Creates provisions relating to expungement

SECOND REGULAR SESSION
HOUSE BILL NO. 2954
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MURRA Y .
6395H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 610, RSMo, by adding thereto four new sections relating to expungement.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 610, RSMo, is amended by adding thereto four new sections, to
2 be known as sections 610.141, 610.142, 610.143, and 610.144, to read as follows:
610.141. 1. As used in sections 610.140 to 610.146, the following terms mean:
2 (1) "Automated expungement", technology-assisted, state-initiated bulk closing
3 of record s in the manner established under section 610.120;
4 (2) "Central reposit ory", the Missouri state highway patrol central reposit ory
5 for compiling and disseminating complete and accurate criminal history records;
6 (3) "Charges pending", charges for which an individual has not yet been
7 sentenced;
8 (4) "Clean slate eligible offense", an infraction, misdemeanor , or felony not
9 listed under subsection 3 of section 610.140 for which an electr onic rec ord exists;
10 (5) "Close" or "closed", to make record s inaccessible to the general public and
11 to all individuals other than the defendant, except as pro vided under section 610.120
12 and chapter 43;
13 (6) "Expunge" or "expunged", to close a rec ord in the manner established under
14 section 610.120;
15 (7) "Final disposition", the date the person has completed his or her
16 incar ceration or pr obation and has satisfied all obligations, including the payment of
17 any res titution, but not including the payment of outstanding fines or fees imposed by
18 the court;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
19 (8) "Petitioner", includes a person who has petitioned the court to have his or
20 her conviction or convictions expunged and a person whose conviction or convictions
21 have been automatically expunged under this section;
22 (9) "T raffic violation", a violation of the traffic regul ations pr ovided under
23 chapters 301, 302, 303, 304, and 307.
24 2. (1) Beginning August 28, 2029, all records and files maintained in any
25 administrative or court pr oceeding in a municipal, associate, or cir cuit court pertaining
26 to clean slate eligible offenses shall be closed in the manner established under section
27 610.120 without the filing of a petition under section 610.140, subject to the limitations
28 contained in subdivisions (2), (3), and (4) of this subsection and subject to the following:
29 (a) For cases in which the imposition of sentence has been suspended, if an
30 individual has successfully completed pr obation, the record shall be closed so long as
31 one year has passed since final disposition, and the individual has not committed any
32 felony or misdemeanor offense other than a traffic violation during that time;
33 (b) For infractions, municipal offenses, and misdemeanors, the rec ord shall be
34 closed if one year has passed since final disposition and the individual has not committed
35 any felony or misdemeanor offense other than a traffic violation during that time;
36 (c) For felony offenses, the record shall be closed if thr ee years have passed since
37 final disposition and the individual has not committed any felony or misdemeanor
38 offense other than a traffic violation during that time;
39 (d) For all of an individual's offenses if the individual has attained sixty-five
40 years of age and has not been convicted of any misdemeanors or felonies other than a
41 traffic violation or a technical violation of the terms of their prob ation or par ole in the
42 immediate ten pr eceding years; or
43 (e) All offenses for which the governor of Missouri has granted a full pardon.
44 (2) Records pertaining to juvenile adjudications or offenses involving the
45 operation of a motor vehicle are not eligible for automated expungement.
46 (3) No offense, violation, or infraction shall be eligible for automated
47 expungement if a person has charges pending during the period of r eview for clean
48 slate eligibility as described in subsection 3 of this section.
49 (4) (a) An individual may be granted mor e than one expungement under this
50 section, prov ided that during his or her lifetime the total number of offenses, violations,
51 or infractions for which expungement can be granted to the individual under this
52 section or section 610.140 shall not exceed the following limits:
53 a. No mor e than two felony offenses; and
54 b. No mor e than four misdemeanor offenses or ordinance violations that have an
55 authorized term of imprisonment.
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56 (b) An individual may be granted expungement under this section for any
57 number of infractions.
58 (c) If an individual's reco rd contains mor e felonies or misdemeanors than can be
59 expunged during the individual's lifetime under paragraph (a) of this subdivision, the
60 individual shall not be eligible for automated expungement under this section.
61 (d) For purposes of determining lifetime limits on expungement under this
62 section and section 610.140:
63 a. If the offenses or violations were charged as counts in the same case, all such
64 offenses and violations shall count as only the highest level offense or violation in that
65 case for purposes of determining lifetime limits on expungement under this section and
66 section 610.140. However , if one or mor e counts in the same indictment or information
67 or conduct committed were a part of the same course of criminal conduct as an offense
68 listed in subsection 3 of section 610.140, the entire r ecord shall not be expunged under
69 this section;
70 b. If the offenses or violations were committed by an individual who has reach ed
71 sixty-five years of age and has not been convicted of any misdemeanors or felonies other
72 than traffic violations in the immediate ten preced ing years, all clean slate eligible
73 offenses shall be expunged.
74 (e) The court shall maintain recor ds to ensure that a person has not exceeded the
75 limitations provi ded under this subsection. Nothing in this section shall be construed to
76 limit or impair the subsequent use of any r ecord maintained by the court for the
77 purpose of any law enforcem ent or pr osecutorial investigation or activity including any
78 arr est or findings of guilt expunged under this section by a law enforc ement agency ,
79 criminal justice agency , pr osecuting attorney , circui t attorney , or municipal pr osecuting
80 attorney , including its use as a prior offense, violation, or infraction in a subsequent
81 criminal or civil investigation or prosecution.
82 3. (1) Beginning August 28, 2029, on a monthly basis, the office of state courts
83 administrator shall identify and transmit to the central r epository and every
8 4 pr osecuting agency in the state all clean slate eligible offense reco rds within thirty
85 days of the record becoming eligible for automated expungement.
86 (2) Records that are eligible for automated expungement on or befor e August 28,
87 2026, shall be identified and expunged by August 28, 2031.
88 (3) Delinquent court costs, fines, fees, or other sums ordere d by a court, except
89 r estitution owed to a victim of a crime, shall not be expunged and shall not be
90 consider ed by the office of state courts administrator when determining expungement of
91 a record without the filing of a petition under subsection 2 of this section. The office of
92 state courts administrator shall seek a setoff of any income tax ref und and lottery prize
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93 payouts under section 488.5028 for all delinquent court costs, fines, fees, or other sums
94 order ed by a court r elating to convictions expunged under subsection 2 of this section.
95 (4) Each pr osecuting agency in this state has no later than sixty days fr om the
96 day on which the notice described in subdivision (1) of this subsection is transmitted to
97 object to an automated expungement and transmit such objection to all parties. The
98 pr osecuting agency may object to the automated expungement for any of the following
99 r easons:
100 (a) After revi ewing the pr osecuting agency's r ecord, the agency believes the
101 r ecord does not meet the definition of a clean slate eligible case;
102 (b) The person has not paid court-ordered res titution to the victim; or
103 (c) The person has charges pending against them in another case.
104 (5) If a prosecuting agency objects for a reas on described in subdivision (4) of
105 this subsection, within sixty days of the day on which the notice described in subdivision
106 (1) of this subsection is transmitted, the record shall not be expunged.
107 (6) If sixty days have passed without an objection fr om a pr osecuting agency or
108 the central r epository for one of the reas ons set forth under this subsection, the office of
109 state courts administrator shall transmit within fifteen days all the r ecords to be
110 expunged, sorted by circui t, to the pr esiding judges of every cir cuit court.
111 (7) (a) Wi thin thirty days of r eceiving a notice to expunge, the circ uit court shall
112 issue orders for expungement of all record s maintained in the circu it for which no
113 notification of ineligibility was re ceived by the office of state courts administrator fr om
114 the central r epository or a pro secuting agency unless the cir cuit court determines the
115 r ecord is not eligible for automated expungement.
116 (b) If the cir cuit court determines a re cord is not eligible for automated
117 expungement, the court shall notify the office of state courts administrator in writing of
118 its determination within thirty days and shall specify the reas ons the court r elied upon
119 in making the determination.
120 (8) On a monthly basis, each cir cuit court shall issue orders for expungement of
121 all reco rds of arre st, charge, and conviction for ordinance violations and
1 2 2 nonfingerprintable offenses in the cir cuit that the court determines are eligible for
123 automated expungement.
124 (9) On a monthly basis, each cir cuit court shall transmit copies of all orders for
125 expungement that the court issues under this section to the office of state courts
126 administrator .
127 (10) Once the transmitted r ecords are expunged, the office of state courts
128 administrator shall pro vide notice to all state agencies maintaining official copies of the
129 r ecords including, but not limited to, the appr opriate circ uit court clerk, the pr osecuting
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130 or cir cuit attorney , the arr esting law enforcem ent agency or agencies, the department of
131 corr ections, the central rep ository , and the department of re venue to expunge the
132 r ecords within thirty days.
133 (1 1) The Missouri state highway patr ol shall r etain a nonpublic record of the
134 order expunging a conviction or other notification r egarding a conviction that was
135 automatically expunged under this section and of the reco rd of the arr est, fingerprints,
136 conviction, and sentence of the person in the case to which the order or other
137 notification applies. The nonpublic record shall be made available only to a court of
138 competent jurisdiction, the office of state courts administrator , the department of
139 corr ections, a law enforcem ent agency , a pr osecuting or cir cuit attorney , the attorney
140 general, or the governor upon req uest and only for the following purposes:
141 (a) T o show that a person who has filed a petition to expunge a conviction has
142 pr eviously had a conviction expunged under this section;
143 (b) The court's consideration in determining the sentence to be imposed upon
144 conviction for a subsequent offense that is punishable as a felony or by imprisonment
145 for mor e than one year;
146 (c) Consideration by the governor if a person whose conviction has been
147 expunged applies for a pardon for another offense;
148 (d) Consideration by the department of corre ctions or a law enforcem ent agency
149 if a person whose conviction has been expunged applies for employment with the
150 department of corr ections or a law enforcem ent agency;
151 (e) Consideration by a court, law enfor cement agency , pr osecuting or cir cuit
152 attorney , or the attorney general in determining whether a person re quir ed to reg ister
153 under sections 589.400 to 589.425 has committed an offense that r equir es regi stration
154 under sections 589.400 to 589.425, or for use in a pr osecution for committing an offense
155 r equiring regist ration under sections 589.400 to 589.425; or
156 (f) Consideration by a court, law enforcem ent agency , pr osecuting or cir cuit
157 attorney , or the attorney general for use in making determinations regard ing charges,
158 plea offers, and sentencing, as applicable.
159 (12) The office of state courts administrator shall cr eate a digital access portal of
160 all orders of expungement issued under this section. The portal shall allow users to
161 determine if an order for automated expungement has been granted in an individual's
162 name. The portal shall employ measur es to preve nt disclosur e of any order to anyone
163 other than the individual for whom the order was issued.
164 4. Any court sentencing an individual for a clean slate eligible offense shall notify
165 the individual at the time of sentencing of the date when the individual's conviction may
166 become eligible for automated expungement pr ovided the individual is not convicted of
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167 any misdemeanor or felony , not including a violation of a traffic regula tion, during the
168 time period specified for the underlying offense or offenses.
169 5. Any pr obation or par ole office r eleasing an individual fr om supervision for a
170 clean slate eligible offense shall notify the individual at the time supervision is
171 discharged of the date when the individual's reco rd or r ecords may become eligible for
172 automated expungement pro vided the individual is not convicted of any misdemeanor
173 or felony , not including a violation of a traffic reg ulation, during the time period
174 specified for the underlying offense or offenses.
175 6. The pro visions of this section shall apply r etro actively to any arr est, charge,
176 trial, and conviction for which ther e is a digital record regard less of the date that the
177 arr est was made, the charge or charges were bro ught, the trial occurred , or the
178 conviction was enter ed.
179 7. Nothing in this section pr ecludes an individual fr om filing a petition for
180 expungement of record s under section 610.140 if an individual is eligible for an
181 automated expungement under this section if such an automated expungement has not
182 yet occurr ed or cannot occur pursuant to the provi sions of this section.
183 8. Upon the occurr ence of one of the circums tances provi ded under subdivision
184 (1) or (2) of this subsection, a conviction that was expunged under this section shall be
185 r einstated by the court as pro vided in this subsection.
186 (1) If it is determined that a conviction was impr operly or erro neously expunged
187 because the conviction was not eligible to be expunged under this section, the court shall,
188 on its own motion, rein state the conviction.
189 (2) Upon a motion by a person owed r estitution or on its own motion, the court
190 shall r einstate a conviction that was expunged under this section for which the person
191 whose conviction was expunged was order ed to pay res titution if the court determines
192 that the person has not made a good-faith effort to pay the order ed res titution.
193 9. Upon the entry of an order under section 610.140, or upon the automated
194 expungement of a conviction under this section, the petitioner , for purposes of the law ,
195 shall be consider ed not to have been previ ously convicted, except for purposes of the
196 following:
197 (1) The petitioner shall not be entitled to the rem ission of any fine, costs, or other
198 moneys paid as a consequence of a conviction that is expunged;
199 (2) This section shall not affect the right of the petitioner to rely upon the
200 conviction to bar subsequent pro ceedings for the same offense;
201 (3) This section shall not affect the right of a victim of an offense to bring or
202 defend a civil action for damages;
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203 (4) This section shall not crea te a right to commence an action for damages for
204 incar ceration under the sentence that the petitioner served before the conviction is
205 expunged under this section;
206 (5) This section shall not r elieve any obligation to pay res titution owed to the
207 victim of an offense nor shall such sections affect the jurisdiction of the convicting court
208 or the authority of any court order with regard to enforc ing an order for res titution;
209 (6) A conviction, including any record s relat ing to the conviction and any
210 r ecords concerning a collateral action, that has been expunged under this section shall
211 not be used as evidence in an action for negligent hiring, admission, or licensur e against
212 any person; or
213 (7) A conviction that is expunged under this section or section 610.140 may be
214 consider ed a prior conviction by a court, law enforcem ent agency , pr osecuting attorney ,
215 or the attorney general, as applicable, for purposes of charging a crime as a second or
216 subsequent offense or for sentencing under section 550.016.
610.142. Beginning August 28, 2029, the office of state courts administrator shall
2 r eport to the judiciary committees of the senate and house of r epresent atives, or any
3 successor committees, the following on a yearly basis:
4 (1) The number of r ecords expunged under subsection 2 of section 610.141, by
5 judicial cir cuit, with data aggr egated by race, sex, age, cir cuit, county , and offense type
6 and level; and
7 (2) The number of record s transmitted back to the office of state courts
8 administrator fr om the Missouri state highway patrol, any prosecuting agency , or any
9 cir cuit court on objection that the reco rd is not eligible for automated expungement or
10 that the reco rd does not match data held in the central reposit ory , by judicial cir cuit,
11 with data aggreg ated by race, sex, age, county , and offense type and level.
610.143. 1. A cr edit bur eau may r eport r ecords of arr ests, indictments pending
2 trial, and convictions of crimes for no longer than seven years fr om final disposition.
3 Records of arres ts, indictments pending trial, and convictions of crimes shall no longer
4 be r eported if at any time after a conviction it is learned that a full pardon or
5 expungement has been granted for that conviction, or at any time after an arre st or
6 indictment it is learned that a conviction did not res ult.
7 2. Any cr edit bur eau or user of information that willfully fails to comply with
8 any r equir ement of this section with re spect to any consumer is liable to that consumer
9 in an amount equal to:
10 (1) Any actual damages sustained by the consumer as a r esult of the failur e;
11 (2) Punitive damages as the court may allow; and
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12 (3) In the case of any successful action under this section, costs of the action and
13 r easonable attorney's fees as determined by the court.
14 3. Any cred it bur eau or user of information that is negligent in failing to comply
15 with any requ irem ent of this section with respect to any consumer is liable to that
16 consumer in an amount equal to:
17 (1) Any actual damages sustained by the consumer as a r esult of the failur e; and
18 (2) In the case of any successful action under this section, costs of the action and
19 r easonable attorney's fees as determined by the court.
20 4. Injunctive relief shall be available to any consumer aggrieved by a violation or
21 a thr eatened violation of this section r egardless of whether the consumer seeks any other
22 r emedy under this section.
23 5. An employer who employs or otherwise engages an individual whose criminal
24 history re cord has been expunged shall be immune fr om liability for any claim arising
25 out of the misconduct of the individual if the misconduct r elates to the portion of the
26 criminal history re cord that has been expunged.
610.144. 1. (1) Ther e is her eby creat ed in the state treasury the "Missouri
2 Expungement Fund", which shall consist of moneys deposited into the fund fr om any
3 sour ce including, but not limited to, gifts, donations, grants, and bequests. The state
4 tr easur er shall be custodian of the fund. In accordance with sections 30.170 and 30.180,
5 the state tr easurer may appr ove disbursements. The fund shall be a dedicated fund and,
6 upon appr opriation, moneys in this fund shall be used solely as pr ovided in subsection 2
7 of this section.
8 (2) Notwithstanding the pro visions of section 33.080 to the contrary , any moneys
9 r emaining in the fund at the end of the biennium shall not r evert to the credit of the
10 general reven ue fund.
11 (3) The state tre asurer shall invest moneys in the fund in the same manner as
12 other funds ar e invested. Any interes t and moneys earned on such investments shall be
13 cr edited to the fund.
14 2. The department of public safety , the information technology services division
15 within the office of administration, and the office of state courts administrator shall
16 expend moneys fr om the fund, upon appr opriation, only for one or mor e of the
17 following purposes:
18 (1) Implementation costs incurr ed under sections 610.141 to 610.143;
19 (2) System upgrades necessitated under sections 610.141 to 610.143; or
20 (3) Staffing needs necessitated under sections 610.141 to 610.143.
✔
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