SB 763 - This act creates provisions relating to expungement.CLEAN SLATE ELIGIBLE OFFENSES (Section 610.141)
This act provides that beginning August 28, 2027, all records and files maintained by any court pertaining to clean slate eligible offenses, which shall be offenses currently eligible for expungement by law, shall become closed records without the filing of a petition, subject to certain requirements as provided in this act. Additionally, this act provides certain time limitations for when records shall be closed and limitations on the amount of offenses which may be expunged, as provided in this act.
This act also provides that beginning August 28, 2027, the Office of State Courts Administrator (OSCA) shall identify and transfer on a monthly basis all clean slate eligible offenses records to the Central Repository and every prosecuting agency in the state within 30 days of the offenses becoming eligible for expungement. All records currently eligible for automated expungement shall be expunged by August 28, 2029. The provisions of this act shall not expunge any delinquent court costs, fines, fees, or other sums order by the court. A prosecuting agency may file an objection to the automated expungement within 60 days from notification of expungement by OSCA.
Additionally, OSCA shall provide notification of records to be expunged to the presiding judges of every circuit court and the courts shall order the expungement of all records eligible for expungement, as provided in the act. The Missouri State Highway Patrol shall keep nonpublic records of expungement available to certain entities.
Finally, this act provides that, for purposes of the law, the petitioner shall be considered not to have been previous convicted, except for purposes of the requirement to pay restitution to the victim and other purposes as provided in the act.
This provision is identical to SB 1161 (2024) and SB 1194 (2024).
REPORTS BY OSCA TO THE GENERAL ASSEMBLY (Section 610.142)
Beginning August 28, 2026, OSCA shall report on a yearly basis to both the Senate and House of Representatives judiciary committees, or equivalent committees, the number of records expunged pursuant to this act and the number of records transmitted back to OSCA from the Missouri State Highway Patrol, any prosecuting agency, or any circuit court with objections that the record is not eligible for expungement.
This provision is identical to SB 1161 (2024) and SB 1194 (2024).
CREDIT BUREAU REPORTS (Section 610.143)
This act provides that a credit bureau may report records of arrests, indictments pending trial, and convictions of crimes for no longer than 7 years from final disposition. However, any records which have been expunged or any records of a person who has been granted a pardon shall not be reported. Any credit bureau which willfully or negligently violates this act shall be subject to civil penalties.
This provision is identical to SB 1161 (2024) and SB 1194 (2024).
MISSOURI EXPUNGEMENT FUND (Section 610.144)
This act creates the "Missouri Expungement Fund" which shall be used by the Department of Public Safety, the Office of Administration, and the Office of State Courts Administrator to provide system upgrades, staffing needs, and implement the provisions of this act.
This provision is identical to SB 1161 (2024) and SB 1194 (2024).
MARY GRACE PRINGLE