SB 424 - This act provides that any offenses, infractions, misdemeanors, or felonies which are eligible for expungement under current law shall be eligible for expungement without petition beginning August 28, 2028, subject to limitations as provided in the act.A person may be granted expungement for no more than 3 felony offenses, no more than 5 misdemeanor offenses or ordinance violations, and any number of infractions. If a person has more than 3 felonies or 5 misdemeanors, then he or she shall not be eligible for expungement without petition.
Additionally, this act provides that the Office of State Courts Administrator (OSCA) shall send all records of charges and convictions eligible for expungement to the Central Repository beginning August 28, 2028. If 30 days pass without an objection to expungement from the Central Repository, OSCA shall transmit all records to be expunged to the presiding judges of every circuit court within 15 days. The circuit courts shall then issue orders for expungement within 30 days of receiving the notice to expunge such records, unless the court determines a record is not eligible for expungement without petition. OSCA shall create a digital access portal of all orders of expungement issued pursuant to this act and shall submit an annual report to the judiciary committees of the Senate and House of Representatives which include information as provided in the act.
Any person who has records eligible for expungement shall be notified by the court or by any probation or parole office of the date when the person's records become eligible for expungement. A person may still petition the court for expungement even if the person is eligible for expungement without petition pursuant to this act.
This act provides that a record of conviction closed pursuant to this act shall be reinstated by the court if the court finds the conviction was improperly expunged.
This act also provides that a credit bureau may report certain criminal records for no longer than 7 years from the date of release or parole and shall not report any records which have been expunged. Any credit bureau in violation of this act shall be liable to the consumer.
Any employer shall be immune from liability for any claim arising out of the misconduct of an individual if the misconduct relates to criminal history that was expunged from the individual's record.
Finally, this act creates the Missouri Expungement Fund which shall be used by OSCA to administer the provisions of this act.
This act is identical to SB 1194 (2024), SB 531 (2023), SB 347 (2023), and HB 352 (2023) and substantially similar to SB 763 (2024) and SB 1161 (2024).
MARY GRACE PRINGLE