FIRST REGULAR SESSION

HOUSE BILL NO. 742

94TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES NASHEED (Sponsor), JOHNSON (61), WALTON AND HOSKINS (Co-sponsors).

                  Read 1st time February 5, 2007 and copies ordered printed.

D. ADAM CRUMBLISS, Chief Clerk

0746L.01I

AN ACT

To amend chapter 610, RSMo, by adding thereto one new section relating to expungement of certain criminal records.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Chapter 610, RSMo, is amended by adding thereto one new section, to be known as section 610.130, to read as follows:

            610.130. 1. Notwithstanding any other provision of law to the contrary and cumulative with any rights to expungement of criminal records, this section authorizes the sealing of criminal records of adults and minors prosecuted as adults.

            2. The following offenses may be sealed:

            (1) All municipal ordinance violations and misdemeanor offenses, with the following exceptions:

            (a) Driving while intoxicated under section 577.010, RSMo;

            (b) Driving with excessive blood alcohol content under section 577.012, RSMo;

            (c) Any misdemeanor violation of chapter 566, RSMo;

            (d) Any violation of an order or protection issued under chapter 455, RSMo;

            (e) Any misdemeanor violation of section 578.030, RSMo;

            (f) Any misdemeanor offense requiring registration under section 589.400, RSMo; and

            (g) Any municipal ordinance violation or misdemeanor offense committed by a holder of a commercial driver's license regardless of what type of vehicle the offense is committed in;

            (2) Any misdemeanor violation or class D felony violation of the following:

            (a) Prostitution under chapter 567, RSMo;

            (b) Possession of marijuana; and

            (c) Possession of a controlled substance under section 195.202, RSMo.

            3. Records identified as sealable under subsection 2 of this section may be sealed when the individual was:

            (1) Acquitted of the offense or offenses or released without being convicted;

            (2) Convicted of the offense or offenses and the conviction or convictions were reversed;

            (3) Placed on misdemeanor probation for an offense or offenses and:

            (a) At least three years have elapsed since the completion of the probation or terms of probation, if more than one term has been ordered; and

            (b) The individual has not been convicted of a felony or misdemeanor, or been placed on probation for a misdemeanor or felony during the three-year period specified in paragraph (a) of this subdivision;

            (4) Convicted of an offense or offenses and:

            (a) At least four years have elapsed since the last such conviction or term of sentence, probation, parole, or supervision, if any, whichever is later; and

            (b) The individual has not been convicted of a felony or misdemeanor, or been placed on probation for a misdemeanor or felony during the four-year period specified in paragraph (a) of this subdivision.

            4. A person shall not have any subsequent felony conviction records sealed if such person is convicted of any felony offense after the date of the sealing of prior felony records under this section.

            5. Upon acquittal, release without conviction, or being placed on probation for a sealable offense, or upon conviction of a sealable offense, the court shall inform such person of the right to have the records sealed and the procedures for the sealing of the records under section 610.123.

            6. Upon becoming eligible for the sealing of records under this section, the person seeking the sealing of his or her records shall file a petition in accordance with the same procedures established in section 610.123 for expungement of records. The clerk of the court may charge a fee equivalent to the cost associated with the sealing of records by the clerk.

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