This Fiscal Note is not an official copy and should not be quoted or cited.
This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0801 - Allows the expungement of certain criminal records
COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO. 2943-01
BILL NO. SB 801
SUBJECT: Criminal Procedures
TYPE: Original
DATE: February 3, 1998
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS Net Effect on All State Funds * Does not include unknown costs to CTS, DOR, and DOC. ESTIMATED NET EFFECT ON FEDERAL FUNDS Net Effect on All Federal Funds ** Potential compliance issues. ESTIMATED NET EFFECT ON LOCAL FUNDS Numbers within parentheses: ( ) indicate costs or losses This fiscal note contains 7 pages. FISCAL ANALYSIS ASSUMPTION The Office of Prosecution Services (OPS) assumes this 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. The State Public Defender (SPD) assumes existing staff could provide representation for the 5 to 10 cases
arising where indigent persons were accused of the misdemeanor created by this proposal. However, passage
of more than one similar proposal would require the SPD to request increased appropriations to cover the
cumulative costs of representing the indigent accused. The Gaming Commission did not respond to our fiscal impact request. Oversight assumes this proposal
would not fiscally impact their agency. The Department of Revenue (DOR) assumes that if it is required to expunge certain DWI records DOR may
be in violation of commercial drivers license laws that require certain DWI records to be kept indefinitely. If
found in violation of these federal laws, the state is subject to losing a certain percentage of federal highway
funds. This loss is unknown, but would likely exceed $100,000. The Office of State Courts Administrator (CTS) states that this proposal would allow persons not on
probation or parole to petition the court to have their criminal records expunged after ten consecutive years in
which they were conviction free after release from incarceration. CTS further states that in recent years, there
have been between 60,000 and 63,000 convictions or guilty pleas that could fit the definition of the qualifying
crimes. CTS does not have access to age-of-defendant information or data on the number of cases from over
ten years ago where the defendant had no subsequent conviction. These two factors would contribute to the
potential size of the fiscal impact, which currently cannot be estimated. The proposed legislation is unclear as to whether suspended imposition of sentence cases would be included.
There is also no provision made to notify agencies which have records of the prior conviction of the
expungement, nor provision for supervision of the community service. Additionally, CTS does not have on-line access to the computerized criminal history records of the Highway Patrol and FBI; therefore, it would be
difficult to confirm compliance during the probationary period. The Department of Transportation (DHT) states that under the provisions of 49 App. USC 2710, a portion
of the federal highway funds apportioned to the state may be withheld if the state ASSUMPTION
(continued) does not comply with the federal commercial drivers license requirements of the Commercial Motor Vehicle
Safety Act, 49 App. USC 2701-2718. These provisions require the state to disqualify a person from
operating a commercial motor vehicle if the person commits a violation of certain requirements, including
driving a commercial motor vehicle while under the influence of alcohol. DHT further states that since this
proposal would allow for expungement of alcohol related offenses, its enactment may place the state in
noncompliance with these federal requirements. If the state is found to be in noncompliance, 5% of the
amount apportioned to the state for funding of the National Highway System, the Congestion Mitigation and
Air Quality Program, the Interstate System, and the Federal Aid Urban System would be withheld for the first
fiscal year of noncompliance. These withholdings would increase to 10% for the second and subsequent
years. DHT estimates annual apportionments at a total of $176,277,572. Therefore, the state could suffer a
loss of federal funds of $8,813,879 in FY99, and $17,627,757 annually thereafter. Since it is unknown whether this proposal would result in the state not attaining "substantial compliance"
with federal regulations, Oversight has not shown a loss of federal funds. However, it should be noted that
there is a potential for this proposal to result in a loss of federal funds to DHT if the state is found to be
substantially out of compliance with federal regulations. The Attorney General's Office (AGO) states that it represents the Highway Patrol in cases involving change
of criminal record. Currently, expungement actions under present law require 1 FTE. AGO assumes
expanded allowances under this proposal would necessitate an additional 1.25 FTE, including related fringe,
expense and equipment, and rental space. This would include one additional FTE Assistant Attorney General
I ($30,000) and .25 FTE Legal Secretary ($18,000). Oversight assumes these additional employees would be
located using existing space and this proposal would not require additional rental space. Officials from the Department of Corrections (DOC) assume the proposed legislation could affect DOC if
they were required to expunge the criminal records from 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 expunging 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. The proposed legislation 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 proposed legislation; however, DOC officials assume that few convictions would result in
incarceration. Officials from the Department of Public Safety, Missouri State Highway Patrol (MHP) ASSUMPTION
(continued) 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 268,000 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 seal 5.5 records per day, MHP assumes they would
require 70 FTE Quality Control Clerks ($16,776) to handle the expungements within three years.
Furthermore, MHP assumes their Criminal Records Division would require 4 FTE Data Entry Clerks
($15,648) and 1 FTE Fingerprint Technician ($18,696), plus related fringe benefits, equipment, and operating
expenses to carry out the provisions of this proposal. MHP further assumes the proposal would require the
construction of a new building for the additional 75 FTE. MHP estimates construction costs at $3,346,875,
janitorial costs at $39,375, and utility costs at $63,000. 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 $96 per hour. Therefore, MHP assumes the total cost for these procedures would be
$14,400 ($96 x 2 x 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 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 268,000 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 286,000. 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. ESTIMATED NET
EFFECT ON ESTIMATED NET EFFECT ON
FUND AFFECTED
FY 1999
FY 2000
FY 2001 General Revenue
($55,476 to Unknown)*
($57,687 to Unknown)*
($59,191 to Unknown)* Criminal Records
($283,562)
($263,360)
($269,796) Total Estimated
($339,038 to Unknown)*
($321,047 to Unknown)*
($328,987 to Unknown)*
FUND AFFECTED
FY 1999
FY 2000
FY 2001 Federal Funds
Total Estimated
$0**
$0**
$0**
FUND AFFECTED
FY 1999
FY 2000
FY 2001 Local Government
$0
$0
$0
FISCAL IMPACT - State
Government
FY 1999
FY 2000
FY 2001
(10 Mo.)
GENERAL REVENUE FUND Costs - Attorney General's Office (AGO) Personal Service (1.25
FTE)
($28,750)
($35,363)
($36,247) Fringe Benefits
($8,059)
($9,912)
($10,160) Expense and Equipment
($18,667)
($12,412)
($12,784) Total Costs - AGO
($55,476)
($57,687)
($59,191) Costs - Office of State
Courts Administrator
(Unknown)
(Unknown)
(Unknown) Costs - Department of
Revenue
(Unknown)
(Unknown)
(Unknown) Costs - Department of
Corrections
(Unknown)
(Unknown)
(Unknown)
($55,476 to
($57,687 to
($59,191 to GENERAL REVENUE
FUND
Unknown)
Unknown)
Unknown) CRIMINAL RECORDS SYSTEM FUND Costs - Department of Public Safety Missouri State Highway Patrol (MHP) Personal Service (10
FTE)
($143,295)
($176,253)
($180,659) Fringe Benefits
($64,354)
($79,155)
($81,134) Equipment and Expense
($75,913)
($7,952)
($8,003) Total Costs - MHP
($283,562)
($263,360)
($269,796)
CRIMINAL RECORDS
SYSTEM
($283,562)
($263,360)
($269,796) FISCAL IMPACT -
Federal Funds
FY 1998
FY 1999
FY 2000
(10 Mo.)
$0*
$0*
$0* * It should be noted that there is a potential for this proposal to result in a noncompliance with federal regulations which could lead to a loss of federal funds for DHT. FISCAL IMPACT -
Local Government
FY 1999
FY 2000
FY 2001
(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
This proposal allows a person convicted of one or more felonies or misdemeanors to have the criminal record expunged after 15 consecutive years without another conviction. Violent felonies, sex-related offenses, and high-level drug offenses prevent expungement. Only one expungement is permitted in a lifetime.
Upon the closing of a criminal record, the petitioner is subject to a 3-year probationary period with 100 hours of community service. If the 3-year period is successfully completed, the criminal records are expunged. Penalty provisions are included, and protection is given to criminal justice agencies for prior arrests and convictions. No person who petitions for expungement of criminal records may be employed by any gambling operations licensed in Missouri.
In addition to current procedures available to expunge arrest records, a law enforcement officer or the court may expunge an arrest record without a petition if the arrest was a felony arrest that occurred at least 15 years ago or was a misdemeanor arrest that occurred at least 10 years ago, and no charges were filed based on the felony or misdemeanor arrest.
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
Department of Transportation
Department of Revenue
Attorney General's Office
Department of Public Safety
Missouri State Highway Patrol
Department of Corrections
State Public Defender
Office of Prosecution Services
NOT RESPONDING: Gaming Commission
Jeanne Jarrett, CPA
Director
February 3, 1998