Creates provisions relating to expungement

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Official Summary Text

The following summaries of this bill are available:

Print All Summaries

Senate Committee Substitute

Print

SCS/SBs 854 & 1494 - Under the provisions of this act, the administration of criminal justice includes the discretion to disclose closed mobile video recordings. Such discretion belongs to the agency that created the video.

Currently, under no circumstances shall a fee paid by an agency for a request exceed fifteen dollars. Under this act, such fee shall not exceed twenty dollars.

This act specifies that, starting January 1, 2031, the Office of State Courts Administrator (OSCA) and the Missouri State Highway patrol must submit an annual report to the Joint Committee on the Justice System, the House Judiciary Committee, and the Senate Judiciary and Civil and Criminal Jurisprudence Committee. This report must include specified statistical information, including the number of clean slate eligible offenses identified, the number of records objected to for state initiated expungement, and the number of expungement orders issued.

Under current law, in a criminal prosecution for murder in the first degree, the court must instruct the jury that, in the event it cannot agree on punishment, the court may assess punishment, including death. This act repeals that provision.

This act establishes an state initiated expungement process for closing records pertaining to certain offenses. This process will be phased in and an individual can be granted more than one expungement under this bill, subject to specified parameters and expectations. This bill also provides that, on a quarterly basis, the Highway Patrol must identify records that have become eligible in the last quarter and make these records accessible to the central repository and every prosecuting agency in the State within 100 days of the record becoming eligible for state initiated expungement. If a court finds, after a motion, a conviction was improperly or erroneously expunged under this provision, the court must reinstate the conviction.

Under this act, a credit bureau can report records of arrests, indictments pending trial, and convictions for no more than seven years from the date of final disposition. If at any time after arrest, indictment, or conviction, it is learned that a full pardon or expungement has been made for that offense, a credit bureau can no longer report these records.

Finally, this act creates the "Missouri Expungement Fund", this fund shall be used for the creation, operation, and maintenance of the program. The Department of Public Safety, OSCA, and the Information Technology Services Division of the Office of Administration shall expend moneys from the fund upon appropriation.

This bill is similar to SB 1494 (2026) and HCS#2/HB 953 (2025).
TRISTAN BENSON, JR.

Introduced

Print

SB 854 - CLEAN SLATE ELIGIBLE OFFENSES (Section 610.141)
This act provides that beginning August 28, 2029, all records and files maintained by any court pertaining to clean slate eligible offenses, which shall be offenses currently eligible for expungement by law, shall become closed records without the filing of a petition, subject to certain requirements as provided in this act. Additionally, this act provides certain time limitations for when records shall be closed and limitations on the amount of offenses which may be expunged, as provided in this act.

This act also provides that beginning August 28, 2029, the Office of State Courts Administrator (OSCA) shall identify and transfer on a monthly basis all clean slate eligible offenses records to the Central Repository and every prosecuting agency in the state within 30 days of the offenses becoming eligible for expungement. All records currently eligible for automated expungement shall be expunged by August 28, 2031. The provisions of this act shall not expunge any delinquent court costs, fines, fees, or other sums order by the court. A prosecuting agency may file an objection to the automated expungement within 60 days from notification of expungement by OSCA.

Additionally, OSCA shall provide notification of records to be expunged to the presiding judges of every circuit court and the courts shall order the expungement of all records eligible for expungement, as provided in the act. The Missouri State Highway Patrol shall keep nonpublic records of expungement available to certain entities.

Finally, this act provides that, for purposes of the law, the petitioner shall be considered not to have been previous convicted, except for purposes of the requirement to pay restitution to the victim and other purposes as provided in the act.

This provision is identical to SB 763 (2024) and SB 1161 (2024) and substantially similar to SB 1194 (2024).

REPORTS BY OSCA TO THE GENERAL ASSEMBLY (Section 610.142)
Beginning August 28, 2029, OSCA shall report on a yearly basis to both the Senate and House of Representatives judiciary committees, or equivalent committees, the number of records expunged pursuant to this act and the number of records transmitted back to OSCA from the Missouri State Highway Patrol, any prosecuting agency, or any circuit court with objections that the record is not eligible for expungement.

This provision is identical to SB 763 (2024) and SB 1161 (2024) and substantially similar to SB 1194 (2024).

CREDIT BUREAU REPORTS (Section 610.143)
This act provides that a credit bureau may report records of arrests, indictments pending trial, and convictions of crimes for no longer than 7 years from final disposition. However, any records which have been expunged or any records of a person who has been granted a pardon shall not be reported. Any credit bureau which willfully or negligently violates this act shall be subject to civil penalties.

This provision is identical to SB 763 (2024) and SB 1161 (2024) and substantially similar to SB 1194 (2024).

MISSOURI EXPUNGEMENT FUND (Section 610.144)
This act creates the "Missouri Expungement Fund" which shall be used by the Department of Public Safety, the Office of Administration, and the Office of State Courts Administrator to provide system upgrades, staffing needs, and implement the provisions of this act.

This provision is identical to SB 763 (2024), SB 1161 (2024), and substantially similar to SB 1194 (2024).

This act is identical to SB 19 (2025).
TRISTAN BENSON, JR.