To repeal section 610.122, RSMo Supp. 1996, relating to expungement of certain criminal records, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

Section A. Section 610.122, RSMo Supp. 1996, is repealed and seven new sections enacted in lieu thereof, to be known as sections 610.122, 1, 2, 3, 4, 5 and 6, to read as follows:

610.122. 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:

(1) The arrest was based on false information and the following conditions exist:

(a) There is no probable cause, at the time of the action to expunge, to believe the individual committed the offense;

[(2)] (b) No charges will be pursued as a result of the arrest;

[(3)] (c) The subject of the arrest has no prior or subsequent misdemeanor or felony convictions;

[(4)] (d) 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)] (e) No civil action is pending relating to the arrest or the records sought to be expunged[.]; or

     (2) No criminal charges have been filed against the subject of the arrest within ten years from the date of such arrest.

     Section 1. Sections 1 to 6 of this act may be cited as the "Missouri Rehabilitation and Sealed Records Act".

     Section 2. For the purposes of sections 1 to 6 of this act, the following terms mean:

     (1) "Sex-related offense", any crime defined in chapter 566, RSMo, section 568.020, subdivision (2) of subsection 1 of section 568.045, subdivision (2) of subsection 1 of section 568.060, and sections 568.080 and 568.090, RSMo; and

     (2) "Violent felony", any crime punishable as a class A felony, any crime punishable as a class B felony of an intentional act or any crime in which a deadly weapon, as defined in section 556.061, RSMo, was used or displayed.

     Section 3. A person who has been convicted of no more than one felony or two misdemeanors or both may petition the circuit court to have such person's record, including juvenile records, sealed, if the person:

     (1) Has remained conviction free for at least ten consecutive years in the case of a misdemeanor and fifteen consecutive years in the case of a felony, after being released from incarceration;

     (2) Is not currently on probation or parole;

     (3) Has not been convicted of a violent felony;

     (4) Has not been convicted of a sex-related offense;

     (5) Has not been convicted of any offense of distributing a controlled substance as described in chapter 195, RSMo, and punishable as a class A felony;

     (6) Has not previously petitioned to have such person's records sealed pursuant to the provisions of sections 1 to 6 of this act; and

     (7) Is at least twenty-five years of age.

     Section 4. If the court finds that a person has met the requirements of section 3 of this act, the court may in the court's discretion after considering the totality of the circumstances set aside all verdicts of guilty and allow the petitioner to withdraw all pleas of guilty and shall dismiss with prejudice all cases against the petitioner, and order all criminal and juvenile records of the petitioner to be sealed. Notwithstanding any other provision of law to the contrary, such petitioners waive all rights of being employed by any Missouri-licensed gambling operation. If the petitioner is arrested for committing any crime, other than minor traffic offenses, during the pendency of the action, the court shall stay such action until the resolution of any indictment or information filed pursuant to such arrest.

     Section 5. 1. A person who knowingly fails to seal, or releases information which has been ordered sealed pursuant to section 4 of this act, is guilty of a class B misdemeanor.

     2. A person who, knowing the records have been ordered sealed, uses the information for financial gain is guilty of a class D felony.

     Section 6. 1. The sealing of any record shall not reflect on the validity of the arrest or conviction and shall not be construed to indicate a lack of probable cause for the arrest.

     2. The petitioner shall not bring any action subsequent to the sealing against any person or agency relating to the arrest or conviction described in the sealed records.

     3. Notwithstanding the provisions of sections 1 to 6 of this act, law enforcement agencies shall have access to records sealed pursuant to sections 1 to 6 of this act.

     4. For the purposes of section 610.120, RSMo, the term "closed" shall include sealed.