Fiscal Note - SB 0251 - Allows Expungement of Criminal Records
L.R. NO. 1031-06
BILL NO. HCS for SCS for SB 251
SUBJECT: Expungement of Criminal Records
TYPE: Original
DATE: May 9, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
General Revenue (Unknown) (Unknown) (Unknown)
Criminal Records ($273,068) ($252,940) ($259,121)
Total Estimated
Net Effect on All
State Funds ($273,068)* ($252,940)* ($259,121)*
* Does not include unknown costs to CTS and DOC.
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government $0 $0 $0
FISCAL ANALYSIS
ASSUMPTION
Officials from the Office of State Courts Administrator (CTS) assume the
proposed legislation would be retroactive and a large unknown number of
petitions could be filed, especially in the first few years. CTS assumes
there were almost 61,000 convictions or guilty pleas in FY 1996 alone that
could fit the definition of the qualifying crimes. CTS does not have access
to data on the numbers of cases from over ten years ago where the defendant
has had no subsequent conviction nor age-of-defendant information, which
illustrates the potential size of the fiscal impact. There is also no
provision made to notify agencies which have records of the prior conviction
of the sealing. CTS assumes the proposal could have a significant fiscal
impact on the budget of the judiciary, but the extent of the cost would
depend upon the number of petitions actually filed. CTS assumes over 100,000
people would qualify under this proposal; however, CTS cannot determine the
number who would request to have their convictions sealed.
Officials from the Missouri Department of Transportation (MoDOT), noting that
the proposal allows law enforcement agencies access to sealed records, are
confident that the proposal is in compliance with the federal commercial
drivers license requirements of the Commercial Motor Vehicle Safety Act, 49
App. USC 2701-2718. Therefore, MoDOT assumes this proposal would have no
fiscal impact on their agency.
Officials from the Department of Corrections (DOC) assume the proposal could
affect DOC if they were required to seal certain criminal records within
their databases, as statistical data is used for projection and planning
purposes. DOC does not have the ability to accomplish the manual or
automated act of sealing the data, as it does not exist in the DOC computer
record software. The cost of such a software and programming change cannot
be estimated at this time. DOC further assumes the proposal could also
affect the sentence length determinations under Section 558.019, RSMo, 1994.
No data exists to determine the number of people who might be prosecuted
under the penalty provisions of the proposal; however, DOC officials assume
that few convictions would result in incarceration.
Officials from the Department of Public Safety - Missouri State Highway
Patrol (MHP) assume the proposal would have a significant fiscal impact on
their budget due to the great number of sealed record requests anticipated.
According to MHP, there are approximately 400,000 individuals without an
arrest in the past ten years that would be eligible (pursuant to this
proposal) to have criminal charges expunged. Assuming that a Quality Control
person could process twelve sealed records per day, MHP assumes they would
require 70 FTE Quality Control Clerks ($16,488 per year) to handle the
expungements within two years. Furthermore, MHP assumes their Criminal
Records Division would require 4 FTE Data Entry Clerks ($14,856 per year) and
1 FTE Fingerprint Technician ($17,724 per year), plus related fringe
benefits, equipment, and operating expenses to carry out the provisions of
this proposal at an estimated cost of approximately $1,829,327 per full
fiscal year to the General Revenue Fund. MHP further assumes the proposal
would require an undetermined amount for construction of offices for the
additional 75 FTE.
Additionally, MHP assumes their Information Systems Division would be
required to develop automated procedures to address the sealing of records
for those individuals who meet the provisions of this proposal. MHP assumes
two batch procedures would be required at 75 hours each. The current state
contact price for consulting services is $115 per hour. Therefore, MHP
assumes the total cost for these procedures would be $17,250 ($115 times 2
times 75 hours). MHP assumes that once a record meeting this criteria has
been sealed, it would be treated in the same manner as all other closed
records. If the rules regarding who can and who cannot receive the sealed
records (and for what purpose) is different than the rules for closed
records, then such a practice would have an additional impact on MHP.
Oversight assumes all of the estimated 400,000 eligible persons would not
file a petition requesting their criminal records to be sealed. There is no
way to estimate the number of sealed records that could result from this
proposal; however, Oversight assumes that number would be significantly less
than 400,000. Oversight assumes MHP would require 10 FTE Quality Control
Clerk I's, plus equipment and operating expenses to carry out the provisions
of this proposal. If, after experience with the new procedures outlined in
this proposal, the workload proves that additional FTE are required, it is
assumed additional FTE could be requested in the normal budget process.
Oversight assumes the MHP expenses would be charged to the Criminal Records
System Fund.
Oversight further assumes the proposal would not jeopardize MHP's federal
funds, as this proposal would "seal" convictions rather than expunge them.
The conviction information would still be available for federal reporting and
compliance purposes.
Officials from the Office of Prosecution Services (OPS) assume the proposal
would have no fiscal impact on their agency. OPS further assumes that any
increase in caseload for local prosecutors as a result of this proposal would
be minimal and could be absorbed with existing resources.
Officials from the Office of the State Public Defender (SPD) assume existing
staff could represent the 15 to 20 additional criminal cases that might arise
as a result of this proposal. However, passage of more than one similar
proposal could require the SPD to request increased appropriations to cover
the cumulative cost of representing the indigent accused.
Officials from the Department of Public Safety - Missouri State Water Patrol,
the Department of Revenue, and the Office of the Attorney General assume the
proposed legislation would have no fiscal impact on their agencies.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
GENERAL REVENUE FUND
Costs - Office of State Courts Administrator (Unknown) (Unknown) (Unknown)
Costs - Department of Corrections (Unknown) (Unknown) (Unknown)
ESTIMATED NET EFFECT ON
GENERAL REVENUE FUND (Unknown) (Unknown) (Unknown)
CRIMINAL RECORDS SYSTEM FUND
Costs - Department of Public Safety
(Missouri State Highway Patrol - MHP)
Personal Service (10 FTE) ($140,835) ($173,227) ($177,558)
Fringe Benefits (58,531) (71,993) (73,793)
Equipment and Expense (73,702) (7,720) (7,770)
Total Costs - MHP ($273,068) ($252,940) ($259,121)
ESTIMATED NET EFFECT ON
CRIMINAL RECORDS SYSTEM ($273,068) ($252,940) ($259,121)
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of
this proposal.
DESCRIPTION
The proposal would create the "Missouri Rehabilitation and Sealed Records
Act." Persons who have been convicted of no more than one felony and two
misdemeanors (or both) would be allowed to petition the court to have such
person's records, including juvenile records, sealed. These persons would
have to petition the court and offer proof of: (1) no convictions 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) no current probation or parole; (3) no conviction of a
violent felony, as defined in the proposal; (4) no conviction of a
sex-related offense, as defined in the proposal; (5) no conviction for
distribution of controlled substances punishable as a Class A felony; (6) no
previous petitions for expungement; and (7) not being under the age of 25
years.
If the court finds that a person has met the established requirements, then
the court could set aside the guilty verdicts and allow such person to
withdraw all pleas of guilty, dismissing with prejudice all cases against
said person and ordering all criminal and juvenile records to be sealed.
Persons requesting their arrest records to be sealed would automatically
waive all rights of being employed by any Missouri-licensed gambling
operation.
Any person who knowingly fails to seal, or who releases information ordered
sealed, would be guilty of a Class B misdemeanor. A person who, knowing the
records are sealed, uses the information for financial gain, would be guilty
of a Class D felony. The sealing of any record would not reflect the
validity of the arrest or conviction and would not be construed to indicate a
lack of probable cause for the arrest. Furthermore, law enforcement agencies
would have access to the records sealed pursuant to this proposal.
This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.
SOURCES OF INFORMATION
Office of State Courts Administrator
Missouri Department of Transportation
Department of Revenue
Office of the Attorney General
Department of Corrections
Department of Public Safety - Missouri State Highway Patrol; Missouri State
Water Patrol
Office of State Public Defender
Office of Prosecution Services
This Fiscal Note is not an official copy and should not be quoted or cited.