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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1807
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WASHINGTON.
6620S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 565.030, RSMo, and to enact in lieu thereof five new sections relating to
proceedings resulting from criminal conduct.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 565.030, RSMo, is repealed and five 1
new sections enacted in lieu thereof, to be known as sections 2
476.411, 565.030, 610.141, 610.143, and 610.144, to read as 3
follows:4
476.411. Beginning January 1, 2031, and each year 1
thereafter, the office of state courts administrator and the 2
Missouri state highway patrol shall submit a report to the 3
joint committee on the justice system, the house judiciary 4
committee or any successor committee, and the senate 5
judiciary and civil and criminal jurisprudence committee or 6
any successor committee providing statistical information 7
for the prior year, arranged by judicial circuit and county, 8
of: 9
(1) The number of clean slate eligible offenses as 10
defined under section 610.141 identified by the Missouri 11
state highway patrol under subsection 2 of section 610.141 12
and transmitted to the courts; 13
(2) The number of identified clean slate eligible 14
offenses to which a prosecuting attorney filed an objection 15
under subsection 3 of section 610.141; and 16
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(3) The number of orders of expungement issued under 17
section 610.141. 18
The data shall be aggregated by race, sex, age, circuit, 19
county, and offense type and level if such data is available. 20
565.030. 1. Where murder in the first degree is 1
charged but not submitted or where the state waives the 2
death penalty, the submission to the trier and all 3
subsequent proceedings in the case shall proceed as in all 4
other criminal cases. 5
2. Where murder in the first degree is submitted to 6
the trier without a waiver of the death penalty, the trial 7
shall proceed in two stages before the same trier. At the 8
first stage the trier shall decide only whether the 9
defendant is guilty or not guilty of any submitted offense. 10
The issue of punishment shall not be submitted to the trier 11
at the first stage. If an offense is charged other than 12
murder in the first degree in a count together with a count 13
of murder in the first degree, the trial judge shall assess 14
punishment on any such offense according to law, after the 15
defendant is found guilty of such offense and after he finds 16
the defendant to be a prior offender pursuant to chapter 558. 17
3. If murder in the first degree is submitted and the 18
death penalty was not waived but the trier finds the 19
defendant guilty of a lesser homicide, a second stage of the 20
trial shall proceed as in all other criminal cases. The 21
attorneys may then argue as in other criminal cases the 22
issue of punishment, after which the trier shall assess and 23
declare the punishment as in all other criminal cases. 24
4. If the trier at the first stage of a trial where 25
the death penalty was not waived finds the defendant guilty 26
of murder in the first degree, a second stage of the trial 27
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shall proceed at which the only issue shall be the 28
punishment to be assessed and declared. Evidence in 29
aggravation and mitigation of punishment, including but not 30
limited to evidence supporting any of the aggravating or 31
mitigating circumstances listed in subsection 2 or 3 of 32
section 565.032, may be presented subject to the rules of 33
evidence at criminal trials. Such evidence may include, 34
within the discretion of the court, evidence concerning the 35
murder victim and the impact of the offense upon the family 36
of the victim and others. Rebuttal and surrebuttal evidence 37
may be presented. The state shall be the first to proceed. 38
If the trier is a jury it shall be instructed on the law. 39
The attorneys may then argue the issue of punishment to the 40
jury, and the state shall have the right to open and close 41
the argument. The trier shall assess and declare the 42
punishment at life imprisonment without eligibility for 43
probation, parole, or release except by act of the governor: 44
(1) If the trier finds by a preponderance of the 45
evidence that the defendant is intellectually disabled; or 46
(2) If the trier does not find beyond a reasonable 47
doubt at least one of the statutory aggravating 48
circumstances set out in subsection 2 of section 565.032; or 49
(3) If the trier [concludes that there is evidence in 50
mitigation of punishment, including but not limited to 51
evidence supporting the statutory mitigating circumstances 52
listed in subsection 3 of section 565.032, which is 53
sufficient to outweigh the evidence in aggravation of 54
punishment found by the trier] does not determine by 55
unanimous vote that the aggravating circumstance or 56
circumstances previously found outweigh the mitigating 57
circumstance or circumstances including, but not limited to, 58
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those mitigating circumstances set out in subsection 3 of 59
section 565.032; or 60
(4) If the trier decides under all of the 61
circumstances not to assess and declare the punishment at 62
death. If the trier is a jury it shall be so instructed. 63
If the trier assesses and declares the punishment at death 64
it shall, in its findings or verdict, set out in writing the 65
aggravating circumstance or circumstances listed in 66
subsection 2 of section 565.032 which it found beyond a 67
reasonable doubt. If the trier is a jury it shall be 68
instructed before the case is submitted that if it is unable 69
to decide or agree upon the punishment the court shall 70
assess and declare the punishment at life imprisonment 71
without eligibility for probation, parole, or release except 72
by act of the governor [or death. The court shall follow 73
the same procedure as set out in this section whenever it is 74
required to determine punishment for murder in the first 75
degree]. 76
5. Upon written agreement of the parties and with 77
leave of the court, the issue of the defendant's 78
intellectual disability may be taken up by the court and 79
decided prior to trial without prejudicing the defendant's 80
right to have the issue submitted to the trier of fact as 81
provided in subsection 4 of this section. 82
6. As used in this section, the terms "intellectual 83
disability" or "intellectually disabled" refer to a 84
condition involving substantial limitations in general 85
functioning characterized by significantly subaverage 86
intellectual functioning with continual extensive related 87
deficits and limitations in two or more adaptive behaviors 88
such as communication, self-care, home living, social 89
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skills, community use, self-direction, health and safety, 90
functional academics, leisure and work, which conditions are 91
manifested and documented before eighteen years of age. 92
7. The provisions of this section shall only govern 93
offenses committed on or after August 28, 2001. 94
610.141. 1. As used in this section, section 476.411, 1
and sections 610.143 and 610.144, unless the context 2
otherwise indicates, the following terms mean: 3
(1) "Automated expungement", technology-assisted, 4
state-initiated bulk closing of records in the manner 5
established under section 610.120; 6
(2) "Automated expungement technology", any 7
information technology equipment, software, systems, or 8
services associated with automated expungement; 9
(3) "Automated expungement technology implementation 10
date", the date on which moneys are appropriated for an 11
automated system or software designed to identify, review, 12
and process clean slate eligible offense records maintained 13
by the Missouri state highway patrol for expungement or 14
sealing without requiring manual initiation or oversight or 15
July 1, 2029, whichever occurs later; 16
(4) "Central repository", the Missouri state highway 17
patrol central repository for compiling and disseminating 18
complete and accurate criminal history records; 19
(5) "Clean slate eligible offense", a misdemeanor or 20
felony not listed under subsection 3 of section 610.140 for 21
which an electronic record exists in the central repository; 22
(6) "Close" or "closed", to make records inaccessible 23
to the general public and to all individuals other than the 24
defendant, except as provided under section 610.120 and 25
chapter 43; 26
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(7) "Expunge" or "expunged", to close an electronic 27
record in the manner established under section 610.120, 28
except the provisions of subsection 2 of section 610.120 29
that require documents to be retyped and rewritten, or 30
blacked out and recopied, if an agency determines that these 31
provisions are not feasible in relation to automated 32
expungement; 33
(8) "Final disposition", the date the person has 34
completed his or her incarceration, probation, or parole. 35
In the event that the Missouri state highway patrol cannot 36
determine a final disposition based on data contained in the 37
statewide court automation system and the central 38
repository, the Missouri state highway patrol may use the 39
date a person's imposed sentence would end, or, if the 40
Missouri state highway patrol cannot determine an imposed 41
sentence, it may assume a person received a maximum sentence 42
and use the end date of such a sentence as the date of final 43
disposition; 44
(9) "Petitioner", a person who has petitioned the 45
court to have his or her conviction or convictions expunged 46
or a person whose conviction or convictions have been 47
automatically expunged under this section. 48
2. (1) Subject to the provisions in subsection 3 of 49
this section, all electronic records and files maintained in 50
the central repository pertaining to clean slate eligible 51
offenses shall be closed in the manner established under 52
section 610.120 without the filing of a petition under 53
section 610.140 in the following cases, subject to the 54
limitations contained in subdivisions (2), (3), and (4) of 55
this subsection: 56
(a) For misdemeanors, if one year has passed since 57
final disposition and the individual has not been convicted 58
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of any felony or misdemeanor criminal offense in Missouri 59
during that time; 60
(b) For felony offenses, if three years have passed 61
since final disposition and the individual has not been 62
convicted of any felony or misdemeanor criminal offense in 63
Missouri during that time; 64
(c) For all of an individual's offenses, if the 65
individual has attained sixty-five years of age and has not 66
been convicted of any misdemeanors or felonies in Missouri 67
other than a technical violation of the terms of his or her 68
probation or parole in the ten immediately preceding years; 69
or 70
(d) All offenses for which the governor of Missouri 71
has granted a full pardon. 72
(2) Records pertaining to juvenile adjudications are 73
not eligible for automated expungement. 74
(3) Records pertaining to any arrest, prosecution, or 75
conviction of an offense under chapters 301, 302, 303, 304, 76
and 307 are not eligible for automated expungement. 77
(4) No offense shall be eligible for automated 78
expungement if a person has charges pending that have been 79
filed in a Missouri state court for which an individual has 80
not yet been sentenced during the period of review for clean 81
slate eligibility as described in subsection 3 of this 82
section. 83
(5) (a) An individual may be granted more than one 84
expungement under this section, except that during his or 85
her lifetime the total number of offenses for which 86
expungement can be granted to the individual under this 87
section or section 610.140 shall not exceed the following 88
limits: 89
a. No more than two felony offenses; and 90
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b. No more than three misdemeanor offenses. 91
(b) If an individual's electronic record contains more 92
felonies or misdemeanors than can be expunged during the 93
individual's lifetime under paragraph (a) of this 94
subdivision, the individual shall not be eligible for 95
automated expungement under this section. 96
(c) For purposes of determining lifetime limits on 97
expungement under this section: 98
a. If the offenses were charged as counts in the same 99
case, all such offenses and violations shall count as only 100
the highest-level offense in that case for purposes of 101
determining lifetime limits on expungement under this 102
section. However, if one or more counts in the same 103
indictment or information or conduct committed were a part 104
of the same course of criminal conduct as an offense listed 105
in subsection 3 of section 610.140, the entire record shall 106
not be expunged under this section; 107
b. If the offenses were committed by an individual who 108
has attained sixty-five years of age and has not been 109
convicted of any misdemeanors or felonies in the immediate 110
ten preceding years in Missouri, all clean slate eligible 111
offenses shall be expunged; and 112
c. Only convictions contained within the central 113
repository shall be considered when determining eligibility 114
under this section. 115
(d) The Missouri state highway patrol shall maintain 116
records to ensure that a person has not exceeded the 117
limitations provided under this subsection. Nothing in this 118
section shall be construed to limit or impair the subsequent 119
use of any record expunged under this section for the 120
purpose of any law enforcement or prosecutorial 121
investigation or activity, including any arrest or findings 122
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of guilt expunged under this section by a law enforcement 123
agency, criminal justice agency, prosecuting attorney, 124
circuit attorney, or municipal prosecuting attorney, 125
including its use as a prior offense in a subsequent 126
criminal or civil investigation or prosecution. 127
3. (1) Six months after the automated expungement 128
technology implementation date, and on a quarterly basis 129
thereafter, the Missouri state highway patrol shall identify 130
records that have become eligible in the last quarter and 131
transmit, or otherwise make accessible by electronic means, 132
to every prosecuting agency in the state all clean slate 133
eligible offense records within one hundred days of the 134
record becoming eligible for automated expungement. 135
(2) Prior to six months after the automated 136
expungement technology implementation date, the Missouri 137
state highway patrol shall identify records that would have 138
been eligible for automated expungement under subsection 2 139
of this section. Within twelve months after the automated 140
expungement technology implementation date, all such records 141
shall be identified and expunged in the manner and according 142
to the time frames provided under this subsection. The 143
order of such records to be expunged shall be determined by 144
the Missouri state highway patrol and the office of state 145
courts administrator. 146
(3) Delinquent court costs, fines, fees, or other sums 147
ordered by a court, except restitution owed to a victim of a 148
crime, shall not be considered by the court, prosecuting 149
agency, or central repository when determining eligibility 150
of a record for automated expungement under subsection 2 of 151
this section. However, the office of state courts 152
administrator may seek a setoff of any income tax refund and 153
lottery prize payouts under section 488.5028 for all 154
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delinquent court costs, fines, fees, or other sums ordered 155
by a court relating to convictions expunged under subsection 156
2 of this section. 157
(4) Each prosecuting agency in this state has no more 158
than sixty days from the day on which the notice described 159
in subdivision (1) of this subsection is transmitted, or 160
otherwise made accessible by electronic means, to object to 161
an automated expungement and transmit such objection to the 162
central repository. The prosecuting agency may object to 163
the automated expungement for any of the following reasons: 164
(a) After reviewing the prosecuting agency's record, 165
the record does not meet the definition of a clean slate 166
eligible offense; 167
(b) The person has not paid court-ordered restitution 168
to the victim; 169
(c) The person has charges pending against them in 170
another case in Missouri; or 171
(d) The prosecuting agency can furnish documentation 172
that the person has felony or misdemeanor charges pending 173
against him or her in another state or has been convicted of 174
a felony or a misdemeanor in another state during the 175
waiting periods established under subdivision (1) of 176
subsection 2 of this section. 177
(5) If a prosecuting agency objects for a reason 178
described in subdivision (4) of this subsection, within 179
sixty days of the day on which the notice described in 180
subdivision (1) of this subsection is transmitted, or 181
otherwise made accessible by electronic means, the record 182
shall not be expunged. 183
(6) If sixty days have passed without an objection 184
from a prosecuting agency for one of the reasons set forth 185
under this subsection, the Missouri state highway patrol 186
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shall transmit, or otherwise make accessible by electronic 187
means, within fifteen days all the records to be expunged to 188
the office of state courts administrator for distribution to 189
the circuit courts. 190
(7) Within fifteen days of receiving all records to be 191
expunged from the Missouri state highway patrol, the office 192
of state courts administrator shall transmit, or otherwise 193
make accessible by electronic means, copies of all records 194
to be expunged to the circuit court. 195
(8) Within thirty days of receiving a notice to 196
expunge, the circuit court shall enter an order of 197
expungement in the case record associated with the clean 198
slate eligible offense being expunged. 199
(9) On a quarterly basis, each circuit court shall 200
transmit, or otherwise make accessible by electronic means, 201
copies of all orders for expungement that the court issues 202
under this section to the office of state courts 203
administrator. 204
(10) Within thirty days of the order of expungement 205
being entered and a copy being transmitted to the office of 206
state courts administrator, the office of state courts 207
administrator shall provide notice of the order of 208
expungement to the prosecuting or circuit attorneys, the 209
department of corrections, and the Missouri state highway 210
patrol. The Missouri state highway patrol shall notify law 211
enforcement agencies. Each entity possessing records 212
subject to the order shall close such records in the manner 213
established under section 610.120. The records shall be 214
confidential from the date of expungement and shall be made 215
available only to the individuals or entities and for the 216
purposes set forth in subdivision (11) of this subsection. 217
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(11) (a) The Missouri state highway patrol shall 218
retain a nonpublic record of the order expunging a 219
conviction or other notification regarding a conviction that 220
was automatically expunged under this section and of the 221
record of the arrest, fingerprints, conviction, and sentence 222
of the person in the case to which the order or other 223
notification applies. The nonpublic record shall be made 224
available only to a court of competent jurisdiction, the 225
state public defender system, the department of corrections, 226
a law enforcement agency, a prosecuting attorney, the 227
attorney general, the department of revenue, or the governor 228
upon request and only for the following purposes: 229
a. To show that a person who has filed a petition to 230
expunge a conviction has previously had a conviction 231
expunged under this section; 232
b. The court's consideration in determining the 233
sentence to be imposed upon conviction for a subsequent 234
offense that is punishable as a felony or by imprisonment 235
for more than one year; 236
c. Consideration by the governor if a person whose 237
conviction has been expunged applies for a pardon for 238
another offense; 239
d. Consideration by the department of corrections or a 240
law enforcement agency if a person whose conviction has been 241
expunged applies for employment with the department of 242
corrections or a law enforcement agency; 243
e. Consideration by a court, law enforcement agency, 244
prosecuting attorney, or the attorney general in determining 245
whether a person required to register under sections 589.400 246
to 589.425 has committed an offense that requires 247
registration under sections 589.400 to 589.425, or in 248
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prosecuting a person for committing an offense requiring 249
registration under sections 589.400 to 589.425; 250
f. Consideration by a court, law enforcement agency, 251
prosecuting attorney, or the attorney general for use in 252
making determinations regarding charges, plea offers, and 253
sentencing, as applicable; or 254
g. Consideration by any entity responsible for issuing 255
commercial driver's licenses for the purpose of meeting 256
state and federal requirements to obtain commercial driver's 257
licenses. 258
(b) A copy of the nonpublic record created under 259
paragraph (a) of this subdivision may be provided upon 260
request to the person whose conviction is expunged under 261
this section upon payment of a fee determined and charged by 262
the Missouri state highway patrol. 263
(c) The nonpublic record maintained under paragraph 264
(a) of this subdivision is exempt from disclosure under this 265
chapter. 266
(d) An entity shall not be liable for damages or 267
subject to criminal penalties for reporting a public record 268
of conviction that has been expunged by court order or 269
operation of law prior to six months after the automated 270
expungement technology implementation date if that record 271
was available as a public record on the date of the report. 272
(e) The Missouri state highway patrol may provide a 273
consumer reporting agency with information sufficient to 274
accurately identify and delete records associated with the 275
clean slate eligible offense being expunged. 276
4. Any court sentencing an individual for a clean 277
slate eligible offense shall provide the individual a 278
document outlining the state's clean slate expungement 279
program at the time of sentencing. 280
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5. Any probation or parole office releasing an 281
individual from supervision for a clean slate eligible 282
offense shall provide the individual a document outlining 283
the state's clean slate expungement program at the time of 284
release. 285
6. The provisions of this section shall apply 286
retroactively to any arrest, charge, trial, or conviction 287
for which there is an electronic record regardless of the 288
date that the arrest was made, the charge or charges were 289
brought, the trial occurred, or the conviction was entered. 290
7. Nothing in this section precludes an individual 291
from filing a petition for expungement of records under 292
section 610.140 if an individual is eligible for automated 293
expungement under this section but such automated 294
expungement has not yet occurred or cannot occur. 295
8. If it is determined that a conviction was 296
improperly or erroneously expunged under this section 297
because the conviction was not eligible to be expunged under 298
this section, the court shall, on its own motion, reinstate 299
the conviction. 300
9. (1) Upon the entry of an order under section 301
610.140, or upon the automated expungement of a conviction 302
under this section, the petitioner, for purposes of the law, 303
is considered not to have been previously convicted, except 304
as provided under this subsection and subsection 10 of 305
section 610.140. 306
(2) The petitioner shall not be entitled to the 307
remission of any fine, costs, or other moneys paid as a 308
consequence of a conviction that is expunged. 309
(3) This section shall not affect the right of the 310
petitioner to rely upon the conviction to bar subsequent 311
proceedings for the same offense. 312
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(4) This section shall not affect the right of a 313
victim of an offense to bring or defend a civil action for 314
damages. 315
(5) This section shall not create a right to commence 316
an action for damages for incarceration under the sentence 317
that the petitioner served before the conviction is expunged 318
under this section. 319
(6) This section shall not relieve any obligation to 320
pay restitution owed to the victim of an offense nor shall 321
such section affect the jurisdiction of the convicting court 322
or the authority of any court order with regard to enforcing 323
an order for restitution. 324
(7) A conviction, including any records relating to 325
the conviction and any records concerning a collateral 326
action, that has been expunged under this section shall not 327
be used as evidence in an action for negligent hiring, 328
admission, or licensure against any person. 329
(8) A conviction that is expunged under this section 330
or section 610.140 may be considered a prior conviction by a 331
court, law enforcement agency, prosecuting attorney, or the 332
attorney general, as applicable, for purposes of charging a 333
crime as a second or subsequent offense or for sentencing 334
under section 558.016. 335
10. The office of state courts administrator shall 336
collaborate with the Missouri state highway patrol to 337
establish and implement data-sharing procedures regarding 338
the information required under this section. 339
11. Any person eligible for expungement under this 340
section who has filed a petition for expungement under 341
section 610.140 shall be granted an expungement, subject to 342
subsection 3 of this section. 343
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610.143. 1. A credit bureau may report records of 1
arrests, indictments pending trial, and convictions of 2
crimes for no longer than seven years from final 3
disposition. Records of arrests, indictments pending trial, 4
and convictions of crimes shall no longer be reported if at 5
any time after a conviction it is learned that a full pardon 6
or expungement has been granted for that conviction, or at 7
any time after an arrest or indictment it is learned that a 8
conviction did not result. 9
2. Any credit bureau or user of information that 10
willfully fails to comply with any requirement of this 11
section with respect to any consumer is liable to that 12
consumer in an amount equal to: 13
(1) Any actual damages sustained by the consumer as a 14
result of the failure; 15
(2) Punitive damages as the court may allow; and 16
(3) In the case of any successful action under this 17
section, costs of the action and reasonable attorney's fees 18
as determined by the court. 19
3. Any credit bureau or user of information that is 20
negligent in failing to comply with any requirement of this 21
section with respect to any consumer is liable to that 22
consumer in an amount equal to: 23
(1) Any actual damages sustained by the consumer as a 24
result of the failure; and 25
(2) In the case of any successful action under this 26
section, costs of the action and reasonable attorney's fees 27
as determined by the court. 28
4. Injunctive relief shall be available to any 29
consumer aggrieved by a violation or a threatened violation 30
of this section regardless of whether the consumer seeks any 31
other remedy under this section. 32
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5. An employer, volunteer organization, or landlord 33
who employs, qualifies, or otherwise engages an individual 34
whose criminal history record has been expunged shall be 35
immune from liability for any claim arising out of the 36
misconduct of the individual if the misconduct relates to 37
the portion of the criminal history record that has been 38
expunged. 39
6. A person granted an expungement shall disclose any 40
expunged offense if the disclosure of such information is 41
necessary to complete any application for employment with 42
any: 43
(1) Federally insured bank or savings institution or 44
credit union or an affiliate of such institution or credit 45
union for the purpose of compliance with 12 U.S.C. Section 46
1829 and 12 U.S.C. Section 1785; or 47
(2) Entity engaged in the business of insurance or any 48
insurer for the purpose of complying with 18 U.S.C. Section 49
1033, 18 U.S.C. Section 1034, or other similar law that 50
requires an employer engaged in the business of insurance to 51
exclude applicants with certain criminal convictions from 52
employment. 53
610.144. 1. (1) There is hereby created in the state 1
treasury the "Missouri Expungement Fund", which shall 2
consist of moneys appropriated to it by the general assembly 3
and gifts, donations, grants, and bequests. The state 4
treasurer shall be custodian of the fund. In accordance 5
with sections 30.170 and 30.180, the state treasurer may 6
approve disbursements. The fund shall be a dedicated fund 7
and, upon appropriation, moneys in this fund shall be used 8
solely as provided in subsection 2 of this section. 9
(2) The state treasurer shall invest moneys in the 10
fund in the same manner as other funds are invested. Any 11
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interest and moneys earned on such investments shall be 12
credited to the fund. 13
2. The office of state courts administrator, the 14
department of public safety, and the information technology 15
services division within the office of administration shall 16
expend moneys from the fund, upon appropriation, on the 17
statewide court automation case management system and the 18
Missouri criminal history record information system 19
established under sections 43.500 to 43.530 for one or more 20
of the following purposes: 21
(1) Expenses that may be incurred to develop, 22
establish, maintain, or operate any information technology 23
equipment, software, systems, or services associated with 24
the expungement or closing of records under Missouri law, 25
including the development and implementation of any 26
technology-assisted, state-initiated bulk expungement or 27
sealing of records under Missouri law; or 28
(2) The cost of necessary personnel or contractors. 29
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