HB 1435 -- Expungement of Arrest Records

Sponsor:  Johnson (61)

This bill requires the Director of the Office of State Public
Defender to develop brochures, pamphlets, and other materials
providing information on the state's expungement process, the
types of violations and misdemeanors that can be expunged, and
directions on how to contact the office for attorney referrals.
The state or local law enforcement agency required to expunge
arrest records will be allowed to charge the individual a fee
equal to the cost of processing any court order to expunge.
Convictions for municipal ordinance violations or misdemeanors
may be expunged if the individual has no prior or subsequent
felony convictions and at least five years have passed since the
conviction or suspended imposition of sentence.  Expungement of
offenses including driving while intoxicated, driving with
excessive blood-alcohol content, and certain misdemeanor offenses
under Chapters 566, 567, 568, and 573, RSMo, will not be allowed.
The bill requires the individual seeking expungement to name as
defendants all entities whom the petitioner has reason to believe
may possess the records to be expunged.  The court is required to
set a hearing for expungement no sooner than 90 days from the
filing of the petition and grant the request unless one or more
defendants file an objection to the expungement within 90 days of
being notified of the expungement petition.  A victim of identity
theft will be allowed to have his or her name expunged from all
records resulting from any arrests or convictions occurring in
his or her name.  The victim of any sexual offense under Chapter
566 may request the prosecuting attorney of the county in which
the offense occurred to have the court records made confidential.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:43 am