SB 687 - This act modifies provisions regarding the expungement of records.INFORMATION FROM THE MISSOURI CENTRAL REPOSITORY (SECTIONS 43.504 AND 43.507)
Under current law, the sheriff of any county or the City of St. Louis and judges of the circuit courts may make available to private entities responsible for probation supervision information obtained from the Missouri Central Repository. When the term of probation is completed or the information is no longer needed related to the probation, the records shall be returned to the court or destroyed.
Under this act, the sheriff of any county or the City of St. Louis and judges of the circuit courts may also make available to expungement clinics or legal aid organizations, as defined in the act, information obtained from the Missouri Central Repository.
Additionally, under current law, all criminal history information in the possession or control of the Missouri Central Repository, except criminal intelligence and investigative information, may be made available to qualified persons and organizations for research, evaluative, and statistical purposes under certain written agreements for use of the information.
This act adds that pro-bono clinics and legal aid organizations seeking to expunge criminal records of petitioners at no-charge, shall also have access to all criminal history information in the possession or control of the Missouri Central Repository, except for criminal intelligence and investigation. Pro-bono clinics and legal aid organizations shall not be subject to provisions provided in the act regarding the deletion of uniquely identifiable criminal history information of individuals.
These provisions are identical to provisions in SCS/SB 61 (2021) and substantially similar to provisions in SB 519 (2020).
EXPUNGEMENT OF CRIMINAL RECORDS (SECTION 610.140)
Under this act, offenses, violations, or infractions are committed as part of the "same course of criminal conduct” for purposes of expungement petitions if they:
• Arose under the same criminal statute;
• Involve conduct that is the substantial equivalent of any offense, violation, or infraction sought to be expunged; or
• Occur within a time period suggesting a common connection between the offenses, not exceeding one year.
Under current law, certain offenses, violations, and infractions are not eligible for expungement. This act adds that any offense that at the time of conviction requires registration as a sex offender is not eligible for expungement. Additionally, this act adds that the offenses, or successor offenses, of sexual conduct with a nursing facility resident in the second degree, use of a child in sexual performance, promoting a sexual performance of a child, or cross burning shall not be eligible for expungement.
This act changes the provision regarding any offense of unlawful use of weapons as not eligible for expungement to any "felony” offense of unlawful use of weapons is not eligible.
This act also modifies the criteria for a petition to expunge records. Under current law, in order to file a petition, it must be at least seven years if the offense is a felony or at least three years if the offense is a misdemeanor from the date the petitioner completed any authorized disposition. This act changes the time limitations to three years if the offense is a felony and one year if the offense is a misdemeanor.
This act adds to the provisions regarding the evidence the court may consider and hear. Under this act, the court may hear testimony regarding violations of certain misdemeanor or felony offenses, however, the court may not hear evidence of violations of registration and licensing of motor vehicles, drivers' and commercial drivers' licenses, motor vehicle financial responsibility law, traffic regulations, and vehicle equipment regulations.
This act repeals the provision that a court can make a determination at the hearing based solely on a victim's testimony and adds that a court may find that the continuing impact of the offense upon the victim rebuts the presumption that expungement is warranted.
Under current law, a person who has been granted an expungement of records pertaining to a misdemeanor or felony offense, an ordinance violation, or an infraction may answer "no" to an employer's inquiry into whether the person has ever been convicted of a crime. This act modifies the provision to include any person who has ever been arrested, charged, or convicted of a crime may answer "no" to an employer's inquiry.
These provisions are identical to provisions in SCS/SB 61 (2021) and similar to SB 519 (2020) and SB 952 (2020).
MARY GRACE PRINGLE