Missouri House Bill HB1718

Missouri 2024 Regular Session

• Introduced: 1/3/24
• Refer: 1/5/24

Caption

Establishes provisions relating to the removal of certain court records from automated case management systems

Impact

The implications of this bill are significant for individuals convicted of misdemeanors and their families. By enabling the sealing of records within automated systems, the bill aims to prevent the potential negative consequences that such records can have on the deceased's relatives, who may experience social stigma or discrimination because of the past offenses. This legislative effort reflects a growing trend towards restoring dignity to individuals posthumously and aiding families in managing the legacy of their loved ones’ legal issues.

Summary

House Bill 1718 seeks to amend Chapter 476 of Missouri state law by introducing a new section that allows certain court records to be deemed confidential in automated case management systems if specific conditions are met. The bill permits a parent, spouse, child, or personal representative of a deceased individual who was convicted of a misdemeanor to file a motion requesting the confidentiality of that record. This motion must be accompanied by the individual's death certificate and occurs if the person has been deceased for six months or more.

Contention

Notably, the bill includes a provision that the court must evaluate whether anyone would be unfairly prejudiced by making a record confidential before it is sealed. This adds a layer of judicial discretion that could lead to differing interpretations and outcomes, which may raise concerns over consistency in its application. Some stakeholders may argue that while the bill addresses important issues of privacy and dignity for deceased individuals, there could also be opposing views on whether such confidentiality could inhibit transparency and access to public records.