Relating to expungement of certain criminal records, with penalty provisions.

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

     Section 1. Sections 1 to 8 of this act may be cited as the "Missouri Rehabilitation and Expungement Act of 1997".

     Section 2. For the purposes of sections 1 to 8 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 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 one or more felonies or misdemeanors or both may petition the circuit court to have such person's record, including juvenile records, expunged, if the person:

     (1) Has remained conviction free for at least ten consecutive years, 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 or a class B felony;

     (6) Has not previously petitioned for expungement pursuant to the provisions of sections 1 to 8 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 shall order that such person's record be closed as provided in section 610.120, RSMo, for a probationary period of three years, the court shall also order petitioner to perform one hundred hours of community service. If the person is arrested for committing any crime, other than minor traffic offenses, during the probationary period, the court shall stay any action on the proceeding pursuant to the provisions of sections 1 to 8 of this act pending the resolution of any indictment or information filed pursuant to such arrest.

     Section 5. At the end of the three-year period, the petitioner may move the court to review the expungement proceeding and if the court finds that the petitioner has not been convicted of any crime, other than minor traffic violations, from the time of the original petition to the date of the hearing and has performed the required community service, the court shall 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.

     Section 6. If the court finds that the petitioner has fulfilled all the requirements of sections 3 to 5 of this act, the court shall order the expungement of all criminal and juvenile records of the petitioner.

     Section 7. 1. A person who knowingly fails to expunge or obliterate, or releases information which has been ordered expunged pursuant to section 6 of this act, is guilty of a class B misdemeanor.

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

     Section 8. 1. An expungement 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 expungement against any person or agency relating to the arrest or conviction described in the expunged records.