Can Criminal Records be Sealed or Expunged in Missouri?
Full Question:
Answer:
Please see the following MO statutes to determine applicability:
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.
