SB 856 - This act creates and modifies provisions relating to the expungement of records.EXPUNGEMENT OF RECORDS FOR HOLDERS OF PATIENT IDENTIFICATION CARDS (Section 610.132)
This act provides that any person who has been convicted of an offense or municipal violation relating to the possession of marijuana before August 28, 2022, and has obtained a patient identification card with the state shall automatically have such offense or violations expunged from his or her record by the court in which the person was convicted if such offense or violation occurred and was prosecuted within the state of Missouri. The records shall be expunged before certain dates as provided in the act.
If a person obtains a patient identification card after August 28, 2022, such person may be eligible to have such offense or violation expunged by petitioning the court in which the person was convicted if the offense or municipal violation occurred and was prosecuted within the state of Missouri prior to the issuance of the patient identification card.
Upon the expungement of records under this act, the records and files maintained in any court proceeding shall be confidential and only available to the parties or by order of the court for good cause shown. Additionally, a person shall not be required to disclose such expungement in response in any inquiry for such information.
This act shall not be construed to authorize the expungement of any conviction or guilty plea for any federal offense committed by a commercial driver's license holder.
EXPUNGEMENT OF CRIMINAL RECORDS (SECTION 610.140)
Under current law, a person may apply to a court to expunge records for certain offenses. This act provides a person eligible for expungement because he or she has obtained a patient identification card shall not be eligible for expungement under this section of law.
Additionally, the amount of offenses that may be expunged shall not be limited for marijuana-related misdemeanor offenses or ordinances.
This act is identical to HB 1659 (2022), SB 509 (2021), and to HB 546 (2021).
MARY GRACE PRINGLE