How do I get my record expunged for something I did years ago as a minor?
Full Question:
How do I get my record expunged for something I did years ago as a minor?
11/15/2007 |
Category: Criminal ยป Expungement ... |
State: Missouri |
#12318
Answer:
The following are Missouri statutes:
610.122. Arrest record expunged, requirements. —
Notwithstanding other provisions of law to the contrary, any record of
arrest recorded pursuant to section 43.503, RSMo, may be expunged if the
court determines that the arrest was based on false information and the
following conditions exist:
(1) There is no probable cause, at the time of the action to expunge, to
believe the individual committed the offense;
(2) No charges will be pursued as a result of the arrest;
(3) The subject of the arrest has no prior or subsequent misdemeanor or
felony convictions;
(4) The subject of the arrest did not receive a suspended imposition of
sentence for the offense for which the arrest was made or for any offense
related to the arrest; and
(5) No civil action is pending relating to the arrest or the records
sought to be expunged.
610.123. Procedure to expunge, supreme court to promulgate rules — similar
to small claims. —
1. Any person who wishes to have a record of arrest expunged pursuant to
section 610.122 may file a verified petition for expungement in the civil
division of the circuit court in the county of the arrest as provided in
subsection 4 of this section. The petition shall include the following
information or shall be dismissed if the information is not given:
(1) The petitioner's:
(a) Full name;
(b) Sex;
(c) Race;
(d) Date of birth;
(e) Driver's license number;
(f) Social Security number; and
(g) Address at the time of the arrest;
(2) The offense charged against the petitioner;
(3) The date the petitioner was arrested;
(4) The name of the county where the petitioner was arrested and if the
arrest occurred in a municipality, the name of the municipality;
(5) The name of the agency that arrested the petitioner;
(6) The case number and court of the offense;
(7) Petitioner's fingerprints on a standard fingerprint card at the time
of filing a petition to expunge a record that will be forwarded to the
central repository for the sole purpose of positively identifying the
petitioner.
2. The petition shall name as defendants all law enforcement agencies,
courts, prosecuting attorneys, central state depositories of criminal
records or others who the petitioner has reason to believe may possess the
records subject to expungement. The court's order shall not affect any
person or entity not named as a defendant in the action.
3. The court shall set a hearing on the matter no sooner than thirty days
from the filing of the petition and shall give reasonable notice of the
hearing to each official or agency or other entity named in the petition.
4. If the court finds that the petitioner is entitled to expungement of
any record that is the subject of the petition, it shall enter an order
directing expungement. Upon granting of the order of expungement, the
records and files maintained in any administrative or court proceeding in
an associate or circuit division of the circuit court under this section
shall be confidential and only available to the parties or by order of the
court for good cause shown. A copy of the order shall be provided to each
agency identified in the petition pursuant to subsection 2 of this section.
5. The supreme court shall promulgate rules establishing procedures for
the handling of cases filed pursuant to the provisions of this section and
section 610.122. Such procedures shall be similar to the procedures
established in chapter 482, RSMo, for the handling of small claims.
43.503. Arrest, charge and disposition of misdemeanors and felonies to be
sent to highway patrol — procedure for certain juveniles. —
1. For the purpose of maintaining complete and accurate criminal history
record information, all police officers of this state, the clerk of each
court, the department of corrections, the sheriff of each county, the chief
law enforcement official of a city not within a county and the prosecuting
attorney of each county or the circuit attorney of a city not within a
county shall submit certain criminal arrest, charge, and disposition
information to the central repository for filing without undue delay in the
form and manner required by sections 43.500 to 43.543.
2. All law enforcement agencies making misdemeanor and felony arrests as
determined by section 43.506 shall furnish without undue delay, to the
central repository, fingerprints, charges, appropriate charge codes, and
descriptions of all persons who are arrested for such offenses on standard
fingerprint forms supplied or approved by the highway patrol or
electronically in a format and manner approved by the highway patrol. All
such agencies shall also notify the central repository of all decisions not
to refer such arrests for prosecution. An agency making such arrests may
enter into arrangements with other law enforcement agencies for the purpose
of furnishing without undue delay such fingerprints, charges, appropriate
charge codes, and descriptions to the central repository upon its behalf.
3. In instances where an individual less than seventeen years of age and
not currently certified as an adult is taken into custody for an offense
which would be a felony if committed by an adult, the arresting officer
shall take fingerprints for the central repository. These fingerprints
shall be taken on fingerprint cards supplied by or approved by the highway
patrol or transmitted electronically in a format and manner approved by the
highway patrol. The fingerprint cards shall be so constructed that the name
of the juvenile should not be made available to the central repository. The
individual's name and the unique number associated with the fingerprints
and other pertinent information shall be provided to the court of
jurisdiction by the agency taking the juvenile into custody. The juvenile's
fingerprints and other information shall be forwarded to the central
repository and the courts without undue delay. The fingerprint information
from the card shall be captured and stored in the automated fingerprint
identification system operated by the central repository. In the event the
fingerprints are found to match other tenprints or unsolved latent prints,
the central repository shall notify the submitting agency who shall notify
the court of jurisdiction as per local agreement.
4. Upon certification of the individual as an adult, the certifying court
shall order a law enforcement agency to immediately fingerprint the
individual. The law enforcement agency shall submit such fingerprints to
the central repository within fifteen days and shall furnish the offense
cycle number associated with the fingerprints to the prosecuting attorney
or the circuit attorney of a city not within a county and to the clerk of
the court ordering the subject fingerprinted. If the juvenile is acquitted
of the crime and is no longer certified as an adult, the prosecuting
attorney shall notify within fifteen days the central repository of the
change of status of the juvenile. Records of a child who has been
fingerprinted and photographed after being taken into custody shall be
closed records as provided under section 610.100, RSMo, if a petition has
not been filed within thirty days of the date that the child was taken into
custody; and if a petition for the child has not been filed within one year
of the date the child was taken into custody, any records relating to the
child concerning the alleged offense may be expunged under the procedures
in sections 610.122 to 610.126, RSMo.
5. The prosecuting attorney of each county or the circuit attorney of a
city not within a county shall notify the central repository on standard
forms supplied by the highway patrol or in a manner approved by the highway
patrol of all charges filed, including all those added subsequent to the
filing of a criminal court case, and whether charges were not filed in
criminal cases for which the central repository has a record of an arrest.
All records forwarded to the central repository by prosecutors or circuit
attorneys as required by sections 43.500 to 43.530 shall include the state
offense cycle number of the offense, the charge code for the offense, and
the originating agency identifier number of the reporting prosecutor, using
such numbers as assigned by the highway patrol.
6. The clerk of the courts of each county or city not within a county
shall furnish the central repository, on standard forms supplied by the
highway patrol or in a manner approved by the highway patrol, with all
final dispositions of cases for which the central repository has a record
of an arrest or a record of fingerprints reported pursuant to sections
43.500 to 43.506. Such information shall include, for each charge:
(1) All judgments of not guilty, acquittals on the ground of mental
disease or defect excluding responsibility, judgments or pleas of guilty
including the sentence, if any, or probation, if any, pronounced by the
court, nolle pros, discharges, releases and dismissals in the trial court;
(2) Court orders filed with the clerk of the courts which reverse a
reported conviction or vacate or modify a sentence;
(3) Judgments terminating or revoking a sentence to probation,
supervision or conditional release and any resentencing after such
revocation; and
(4) The offense cycle number of the offense, and the originating agency
identifier number of the sentencing court, using such numbers as assigned
by the highway patrol.
7. The clerk of the courts of each county or city not within a county
shall furnish, to the department of corrections or department of mental
health, court judgment and sentence documents and the state offense cycle
number and the charge code of the offense which resulted in the commitment
or assignment of an offender to the jurisdiction of the department of
corrections or the department of mental health if the person is committed
pursuant to chapter 552, RSMo. This information shall be reported to the
department of corrections or the department of mental health at the time of
commitment or assignment. If the offender was already in the custody of the
department of corrections or the department of mental health at the time of
such subsequent conviction, the clerk shall furnish notice of such
subsequent conviction to the appropriate department by certified mail,
return receipt requested, or in a manner and format mutually agreed to,
within fifteen days of such disposition.
8. Information and fingerprints, and other indicia forwarded to the
central repository, normally obtained from a person at the time of the
arrest, may be obtained at any time the subject is in the criminal justice
system or committed to the department of mental health. A law enforcement
agency or the department of corrections may fingerprint the person and
obtain the necessary information at any time the subject is in custody. If
at the time of disposition, the defendant has not been fingerprinted for an
offense in which a fingerprint is required by statute to be collected,
maintained, or disseminated by the central repository, the court shall
order a law enforcement agency to fingerprint immediately the defendant.
The law enforcement agency shall submit such fingerprints to the central
repository without undue delay and within thirty days and shall furnish the
offense cycle number associated with the fingerprints to the prosecuting
attorney or the circuit attorney of a city not within a county and to the
court clerk of the court ordering the subject fingerprinted.
9. The department of corrections and the department of mental health
shall furnish the central repository with all information concerning the
receipt, escape, execution, death, release, pardon, parole, commutation of
sentence, granting of executive clemency, legal name change, or discharge
of an individual who has been sentenced to that department's custody for
any offenses which are mandated by law to be collected, maintained or
disseminated by the central repository. All records forwarded to the
central repository by the department as required by sections 43.500 to
43.543 shall include the offense cycle number of the offense, and the
originating agency identifier number of the department using such numbers
as assigned by the highway patrol.
211.321. Juvenile court records, confidentiality, exceptions — records of
peace officers, exceptions, release of certain information to victim. —
1. Records of juvenile court proceedings as well as all information
obtained and social records prepared in the discharge of official duty for
the court shall not be open to inspection or their contents disclosed,
except by order of the court to persons having a legitimate interest
therein, unless a petition or motion to modify is sustained which charges
the child with an offense which, if committed by an adult, would be a class
A felony under the criminal code of Missouri, or capital murder, first
degree murder, or second degree murder or except as provided in subsection
2 of this section. In addition, whenever a report is required under section
557.026, RSMo, there shall also be included a complete list of certain
violations of the juvenile code for which the defendant had been
adjudicated a delinquent while a juvenile. This list shall be made
available to the probation officer and shall be included in the presentence
report. The violations to be included in the report are limited to the
following: rape, sodomy, murder, kidnapping, robbery, arson, burglary or
any acts involving the rendering or threat of serious bodily harm. The
supreme court may promulgate rules to be followed by the juvenile courts in
separating the records.
2. In all proceedings under subdivision (2) of subsection 1 of section
211.031, the records of the juvenile court as well as all information
obtained and social records prepared in the discharge of official duty for
the court shall be kept confidential and shall be open to inspection only
by order of the judge of the juvenile court or as otherwise provided by
statute. In all proceedings under subdivision (3) of subsection 1 of
section 211.031 the records of the juvenile court as well as all
information obtained and social records prepared in the discharge of
official duty for the court shall be kept confidential and may be open to
inspection without court order only as follows:
(1) The juvenile officer is authorized at any time:
(a) To provide information to or discuss matters concerning the child,
the violation of law or the case with the victim, witnesses, officials at
the child's school, law enforcement officials, prosecuting attorneys, any
person or agency having or proposed to have legal or actual care, custody
or control of the child, or any person or agency providing or proposed to
provide treatment of the child. Information received pursuant to this
paragraph shall not be released to the general public, but shall be
released only to the persons or agencies listed in this paragraph;
(b) To make public information concerning the offense, the substance of
the petition, the status of proceedings in the juvenile court and any other
information which does not specifically identify the child or the child's
family;
(2) After a child has been adjudicated delinquent pursuant to subdivision
(3) of subsection 1 of section 211.031, for an offense which would be a
felony if committed by an adult, the records of the dispositional hearing
and proceedings related thereto shall be open to the public to the same
extent that records of criminal proceedings are open to the public.
However, the social summaries, investigations or updates in the nature of
presentence investigations, and status reports submitted to the court by
any treating agency or individual after the dispositional order is entered
shall be kept confidential and shall be opened to inspection only by order
of the judge of the juvenile court;
(3) As otherwise provided by statute;
(4) In all other instances, only by order of the judge of the juvenile
court.
3. Peace officers' records, if any are kept, of children shall be kept
separate from the records of persons seventeen years of age or over and
shall not be open to inspection or their contents disclosed, except by
order of the court. This subsection does not apply to children who are
transferred to courts of general jurisdiction as provided by section
211.071 or to juveniles convicted under the provisions of sections 578.421
to 578.437, RSMo. This subsection does not apply to the inspection or
disclosure of the contents of the records of peace officers for the purpose
of pursuing a civil forfeiture action pursuant to the provisions of section
195.140, RSMo.
4. Nothing in this section shall be construed to prevent the release of
information and data to persons or organizations authorized by law to
compile statistics relating to juveniles. The court shall adopt procedures
to protect the confidentiality of children's names and identities.
5. The court may, either on its own motion or upon application by the
child or his representative, or upon application by the juvenile officer,
enter an order to destroy all social histories, records, and information,
other than the official court file, and may enter an order to seal the
official court file, as well as all peace officers' records, at any time
after the child has reached his seventeenth birthday if the court finds
that it is in the best interest of the child that such action or any part
thereof be taken, unless the jurisdiction of the court is continued beyond
the child's seventeenth birthday, in which event such action or any part
thereof may be taken by the court at any time after the closing of the
child's case.
6. Nothing in this section shall be construed to prevent the release of
general information regarding the informal adjustment or formal
adjudication of the disposition of a child's case to a victim or a member
of the immediate family of a victim of any offense committed by the child.
Such general information shall not be specific as to location and duration
of treatment or detention or as to any terms of supervision.
7. Records of juvenile court proceedings as well as all information
obtained and social records prepared in the discharge of official duty for
the court shall be disclosed to the child fatality review panel reviewing
the child's death pursuant to section 210.192, RSMo, unless the juvenile
court on its own motion, or upon application by the juvenile officer,
enters an order to seal the records of the victim child.