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Missouri Senate Bill SB692

Missouri 2025 Regular Session

Missouri Senate Bill SB692 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
55 SENATE BILL NO. 692
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR MAY.
88 2655S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal section 610.140, RSMo, and to enact in lieu thereof one new section relating to
1111 expungement.
1212
1313 Be it enacted by the General Assembly of the State of Missouri, as follows:
1414 Section A. Section 610.140, RSMo, is repealed and one new 1
1515 section enacted in lieu thereof, to be known as section 610.140, 2
1616 to read as follows:3
1717 610.140. 1. For the purposes of this section, the 1
1818 following terms mean: 2
1919 (1) "Court", any Missouri municipal, associate 3
2020 circuit, or circuit court; 4
2121 (2) "Crime", any offense, violation, or infraction of 5
2222 Missouri state, county, municipal, or administrative law; 6
2323 (3) "Prosecutor" or "prosecuting attorney", the 7
2424 prosecuting attorney, circuit attorney, or municipal 8
2525 prosecuting attorney. 9
2626 2. (1) Notwithstanding any other provision of law and 10
2727 subject to the provisions of this section, any person may 11
2828 apply to any court in wh ich such person was charged or found 12
2929 guilty of any crimes for an order to expunge records of such 13
3030 arrest, plea, trial, or conviction. 14
3131 (2) Subject to the limitations of subsection 13 of 15
3232 this section, a person may apply to have one or more crimes 16
3333 expunged if each such crime occurred within the state of 17
3434 Missouri and was prosecuted under the jurisdiction of a 18 SB 692 2
3535 Missouri court, so long as such person lists all the crimes 19
3636 he or she is seeking to have expunged in the petition and so 20
3737 long as all such crimes are not excluded under subsection 3 21
3838 of this section. 22
3939 (3) If the crimes sought to be expunged were committed 23
4040 as part of the same course of criminal conduct, the person 24
4141 may include all such related crimes in the petition, 25
4242 regardless of the lim its of subsection 13 of this section, 26
4343 and those related crimes shall only count as the highest 27
4444 level for the purpose of determining current and future 28
4545 eligibility for expungement. 29
4646 3. The following crimes shall not be eligible for 30
4747 expungement under this section: 31
4848 (1) Any class A felony offense; 32
4949 (2) Any dangerous felony as that term is defined in 33
5050 section 556.061; 34
5151 (3) Any offense that requires registration as a sex 35
5252 offender; 36
5353 (4) Any felony offense where death is an element of 37
5454 the offense; 38
5555 (5) Any felony offense of assault; misdemeanor or 39
5656 felony offense of domestic assault; or felony offense of 40
5757 kidnapping; 41
5858 (6) Any offense listed, previously listed, or is a 42
5959 successor to an offense in chapter 566 or section 105.45 4, 43
6060 105.478, 115.631, 130.028, 188.030, 188.080, 191.677, 44
6161 194.425, 217.385, 334.245, 375.991, 389.653, 455.085, 45
6262 455.538, 557.035, 565.120, 565.130, 565.156, 566.093, 46
6363 566.111, 566.115, 566.116, 568.020, 568.030, 568.032, 47
6464 568.045, 568.060, 568.065, 568.1 75, 569.040, 569.050, 48
6565 569.055, 569.060, 569.065, 569.067, 569.072, 569.160, 49
6666 570.025, 570.090, 570.180, 570.223, 570.224, 570.310, 50 SB 692 3
6767 571.020, 571.060, 571.063, 571.070, 571.072, 571.150, 51
6868 573.200, 573.205, 574.070, 574.105, 574.115, 574.120, 52
6969 574.130, 574.140, 575.040, 575.095, 575.153, 575.155, 53
7070 575.157, 575.159, 575.195, 575.200, 575.210, 575.220, 54
7171 575.230, 575.240, 575.353, 577.078, 577.703, 577.706, or 55
7272 632.520; 56
7373 (7) Any offense eligible for expungement under section 57
7474 610.130; 58
7575 (8) Any intoxication-related traffic or boating 59
7676 offense as defined in section 577.001, or any offense of 60
7777 operating an aircraft with an excessive blood alcohol 61
7878 content or while in an intoxicated condition; 62
7979 (9) Any ordinance violation that is the substantial 63
8080 equivalent of any offense that is not eligible for 64
8181 expungement under this section; 65
8282 (10) Any violation of any state law or county or 66
8383 municipal ordinance regulating the operation of motor 67
8484 vehicles when committed by an individual who has been issued 68
8585 a commercial driver's license or is required to possess a 69
8686 commercial driver's license issued by this state or any 70
8787 other state; and 71
8888 (11) Any offense of section 571.030, except any 72
8989 offense under subdivision (1) of subsection 1 of section 73
9090 571.030 where the person was convicted or found guilty prior 74
9191 to January 1, 2017, or any offense under subdivision (4) of 75
9292 subsection 1 of section 571.030. 76
9393 4. The petition shall name as defendants all law 77
9494 enforcement agencies, courts, prosecuting or circuit 78
9595 attorneys, central state repositories of criminal records, 79
9696 or others who the petitioner has reason to believe may 80
9797 possess the records subject to expungement for each of the 81
9898 crimes listed in the petition. The court's order of 82 SB 692 4
9999 expungement shall not affect any person or entity not named 83
100100 as a defendant in the action. 84
101101 5. The petition shall include the following 85
102102 information: 86
103103 (1) The petitioner's: 87
104104 (a) Full name; 88
105105 (b) Sex; 89
106106 (c) Race; 90
107107 (d) Driver's license number, if applicable; and 91
108108 (e) Current address; 92
109109 (2) Each crime for which the petitioner is requesting 93
110110 expungement; 94
111111 (3) The approximate date the petitioner was charged 95
112112 for each crime; and 96
113113 (4) The name of the county where the petitioner was 97
114114 charged for each crime and if any of the crimes occurred in 98
115115 a municipality, the name of the municipality for each crime; 99
116116 and 100
117117 (5) The case number and name of the court for each 101
118118 crime. 102
119119 6. The clerk of the court shall give notice of the 103
120120 filing of the petition to the office of the prosecuting 104
121121 attorney that prosecuted the crimes listed in the petition. 105
122122 If the prosecuting attorney objects to the petition for 106
123123 expungement, he or she shall do so in writing within thirty 107
124124 days after receipt of service. Unless otherwise agreed upon 108
125125 by the parties, the court shall hold a hearing within sixty 109
126126 days after any written objection is filed, giving reasonable 110
127127 notice of the hearing to the petitioner. If no objection 111
128128 has been filed within thirty days after receipt of service, 112
129129 the court may set a hearing on the matter and shall give 113
130130 reasonable notice of the hearing to each entity named in the 114 SB 692 5
131131 petition. At any hearing, the court may accept evidence and 115
132132 hear testimony on, and may consider, the following criteria 116
133133 for each of the crimes listed in the petition for 117
134134 expungement: 118
135135 (1) At the time the petition is filed, it has been at 119
136136 least three years if the offense is a felony, or at least 120
137137 one year if the offense is a misdemeanor, municipal 121
138138 violation, or infract ion, from the date the petitioner 122
139139 completed any authorized disposition imposed under section 123
140140 557.011 for each crime listed in the petition; 124
141141 (2) At the time the petition is filed, the person has 125
142142 not been found guilty of any other misdemeanor or fel ony, 126
143143 not including violations of the traffic regulations provided 127
144144 under chapters 301, 302, 303, 304, and 307, during the time 128
145145 period specified for the underlying crime in subdivision (1) 129
146146 of this subsection; 130
147147 (3) The person has satisfied all obliga tions relating 131
148148 to any such disposition, including the payment of any fines 132
149149 [or], but not including, the payment of any restitution; 133
150150 (4) The person does not have charges pending; 134
151151 (5) The petitioner's habits and conduct demonstrate 135
152152 that the petitioner is not a threat to the public safety of 136
153153 the state; and 137
154154 (6) The expungement is consistent with the public 138
155155 welfare and the interests of justice warrant the expungement. 139
156156 A pleading by the petitioner that such petitioner meets the 140
157157 requirements of subdivisions (5) and (6) of this subsection 141
158158 shall create a rebuttable presumption that the expungement 142
159159 is warranted so long as the criteria contained in 143
160160 subdivisions (1) to (4) of this subsection are otherwise 144
161161 satisfied. The burden shall shift to the prosecuting 145 SB 692 6
162162 attorney or circuit attorney to rebut the presumption. A 146
163163 victim of a crime listed in the petition shall have an 147
164164 opportunity to be heard at any hearing held under this 148
165165 section. A court may find that the continuing impact of the 149
166166 offense upon the victim rebuts the presumption that 150
167167 expungement is warranted. 151
168168 7. A petition to expunge records related to an arrest 152
169169 for an eligible crime may be made in accordance with the 153
170170 provisions of this section to a court of competent 154
171171 jurisdiction in the county where the petitioner was arrested 155
172172 no earlier than eighteen months from the date of arrest; 156
173173 provided that, during such time, the petitioner has not been 157
174174 charged and the petitioner has not been found guilty of any 158
175175 misdemeanor or felony of fense. 159
176176 8. If the court determines that such person meets all 160
177177 the criteria set forth in subsection 6 of this section for 161
178178 each of the crimes listed in the petition for expungement, 162
179179 the court shall enter an order of expungement. In all cases 163
180180 under this section, the court shall issue an order of 164
181181 expungement or dismissal within six months of the filing of 165
182182 the petition. A copy of the order of expungement shall be 166
183183 provided to the petitioner and each entity possessing 167
184184 records subject to the order, a nd, upon receipt of the 168
185185 order, each entity shall close any record in its possession 169
186186 relating to any crime listed in the petition, in the manner 170
187187 established by section 610.120. The records and files 171
188188 maintained in any administrative or court proceeding in a 172
189189 municipal, associate, or circuit court for any crime ordered 173
190190 expunged under this section shall be confidential and only 174
191191 available to the parties or by order of the court for good 175
192192 cause shown. The central repository shall request the 176 SB 692 7
193193 Federal Bureau of Investigation to expunge the records from 177
194194 its files. 178
195195 9. The order shall not limit any of the petitioner's 179
196196 rights that were restricted as a collateral consequence of 180
197197 such person's criminal record, and such rights shall be 181
198198 restored upon issuance of the order of expungement. Except 182
199199 as otherwise provided under this section, the effect of such 183
200200 order shall be to fully restore the civil rights of such 184
201201 person to the status he or she occupied prior to such 185
202202 arrests, pleas, trials, or convictions as if such events had 186
203203 never taken place. This includes fully restoring the civil 187
204204 rights of a person to the right to vote, the right to hold 188
205205 public office, and to serve as a juror. For purposes of 18 189
206206 U.S.C. Section 921(a)(33)(B)(ii), an order of expun gement 190
207207 granted pursuant to this section shall be considered a 191
208208 complete removal of all effects of the expunged conviction. 192
209209 Except as otherwise provided under this section, the effect 193
210210 of such order shall be to restore such person to the status 194
211211 he or she occupied prior to such arrests, pleas, trials, or 195
212212 convictions as if such events had never taken place. No 196
213213 person as to whom such order has been entered shall be held 197
214214 thereafter under any provision of law to be guilty of 198
215215 perjury or otherwise giving a false statement by reason of 199
216216 his or her failure to recite or acknowledge such arrests, 200
217217 pleas, trials, convictions, or expungement in response to an 201
218218 inquiry made of him or her and no such inquiry shall be made 202
219219 for information relating to an expungement , except the 203
220220 petitioner shall disclose the expunged crime to any court 204
221221 when asked or upon being charged with any subsequent crime. 205
222222 The expunged crime may be considered a prior offense in 206
223223 determining a sentence to be imposed for any subsequent 207
224224 offense that the person is found guilty of committing. 208 SB 692 8
225225 10. Notwithstanding the provisions of subsection 9 of 209
226226 this section to the contrary, a person granted an 210
227227 expungement shall disclose any expunged crime when the 211
228228 disclosure of such information is necess ary to complete any 212
229229 application for: 213
230230 (1) A license, certificate, or permit issued by this 214
231231 state to practice such individual's profession; 215
232232 (2) Any license issued under chapter 313 or permit 216
233233 issued under chapter 571; 217
234234 (3) Paid or unpaid employment with an entity licensed 218
235235 under chapter 313, any state -operated lottery, or any 219
236236 emergency services provider, including any law enforcement 220
237237 agency; 221
238238 (4) Employment with any federally insured bank or 222
239239 savings institution or credit union or an affiliate of such 223
240240 institution or credit union for the purposes of compliance 224
241241 with 12 U.S.C. Section 1829 and 12 U.S.C. Section 1785; 225
242242 (5) Employment with any entity engaged in the business 226
243243 of insurance or any insurer for the purpose of complying 227
244244 with 18 U.S.C. Section 1033, 18 U.S.C. Section 1034, or 228
245245 other similar law which requires an employer engaged in the 229
246246 business of insurance to exclude applicants with certain 230
247247 criminal convictions from employment; or 231
248248 (6) Employment with any employer that is required to 232
249249 exclude applicants with certain criminal convictions from 233
250250 employment due to federal or state law, including 234
251251 corresponding rules and regulations. 235
252252 An employer shall notify an applicant of the requirements 236
253253 under subdivisions (4) to (6) of this subsection. 237
254254 Notwithstanding any provision of law to the contrary, an 238
255255 expunged crime shall not be grounds for automatic 239 SB 692 9
256256 disqualification of an applicant, but may be a factor for 240
257257 denying employment, or a professional license, certificate, 241
258258 or permit; except that, a crime expunged under the 242
259259 provisions of this section may be grounds for automatic 243
260260 disqualification if the application is for employment under 244
261261 subdivisions (4) to (6) of this subsection. 245
262262 11. A person who has been granted an exp ungement of 246
263263 records pertaining to a crime may answer "no" to an 247
264264 employer's inquiry into whether the person has ever been 248
265265 arrested, charged, or convicted of a crime if, after the 249
266266 granting of the expungement, the person has no public record 250
267267 of a crime. The person, however, shall answer such an 251
268268 inquiry affirmatively and disclose his or her criminal 252
269269 convictions, including any offense expunged under this 253
270270 section or similar law, if the employer is required to 254
271271 exclude applicants with certain criminal con victions from 255
272272 employment due to federal or state law, including 256
273273 corresponding rules and regulations. 257
274274 12. If the court determines that the petitioner has 258
275275 not met the criteria for any of the crimes listed in the 259
276276 petition for expungement or the peti tioner has knowingly 260
277277 provided false information in the petition, the court shall 261
278278 enter an order dismissing the petition. Any person whose 262
279279 petition for expungement has been dismissed by the court for 263
280280 failure to meet the criteria set forth in subsection 6 of 264
281281 this section may not refile another petition until a year 265
282282 has passed since the date of filing for the previous 266
283283 petition. 267
284284 13. A person may be granted more than one expungement 268
285285 under this section provided that during his or her lifetime, 269
286286 the total number of crimes for which orders of expungement 270 SB 692 10
287287 are granted to the person shall not exceed the following 271
288288 limits: 272
289289 (1) Not more than three misdemeanor offenses or 273
290290 ordinance violations that have an authorized term of 274
291291 imprisonment; and 275
292292 (2) Not more than two felony offenses. 276
293293 A person may be granted expungement under this section for 277
294294 any number of infractions. Nothing in this section shall be 278
295295 construed to limit or impair in any way the subsequent use 279
296296 of any record expunged under this s ection of any arrests or 280
297297 findings of guilt by a law enforcement agency, criminal 281
298298 justice agency, prosecuting attorney or circuit attorney, 282
299299 including its use as a prior crime. 283
300300 14. The court shall make available a form for pro se 284
301301 petitioners seeking expungement, which shall include the 285
302302 following statement: "I declare under penalty of perjury 286
303303 that the statements made herein are true and correct to the 287
304304 best of my knowledge, information, and belief.". 288
305305 15. Nothing in this section shall be cons trued to 289
306306 limit or restrict the availability of expungement to any 290
307307 person under any other law. 291
308308