SB 854 — Creates provisions relating to expungement

There is hereby established by the treasurer of the state of Missouri a fund to be entitled as the "Criminal Record System Fund".

Notwithstanding the provisions of section 33.080 to the contrary, if the moneys collected and deposited into this fund are not totally expended annually for the purposes set forth in sections 43.500 to 43.651, the unexpended moneys in such fund shall remain in the fund and the balance shall be kept in the fund to accumulate from year to year.

476.411.

Beginning January 1, 2031, and each year thereafter, the office of state courts administrator and the Missouri state highway patrol shall submit a report to the joint committee on the justice system, the house judiciary committee or any successor committee, and the senate judiciary and civil and criminal jurisprudence committee or any successor committee providing statistical information for the prior year, arranged by judicial circuit and county, of:

(1) The number of clean slate eligible offenses as defined under section 610.141 identified by the Missouri state highway patrol under subsection 2 of section 610.141 and transmitted to the courts;

(2) The number of identified clean slate eligible offenses to which a prosecuting attorney filed an objection under subsection 3 of section 610.141;

and (3) The number of orders of expungement issued under section 610.141.

The data shall be aggregated by race, sex, age, circuit, county, and offense type and level if such data is available.

565.030.

1.

Where murder in the first degree is charged but not submitted or where the state waives the death penalty, the submission to the trier and all subsequent proceedings in the case shall proceed as in all other criminal cases.

2.

Where murder in the first degree is submitted to the trier without a waiver of the death penalty, the trial shall proceed in two stages before the same trier.

At the first stage the trier shall decide only whether the defendant is guilty or not guilty of any submitted offense.

The issue of punishment shall not be submitted to the trier at the first stage.

If an offense is charged other than murder in the first degree in a count together with a count of murder in the first degree, the trial judge shall assess punishment on any such offense according to law, after the defendant is found guilty of such offense and after he finds the defendant to be a prior offender pursuant to chapter 558.

3.

If murder in the first degree is submitted and the death penalty was not waived but the trier finds the defendant guilty of a lesser homicide, a second stage of the trial shall proceed as in all other criminal cases.

The attorneys may then argue as in other criminal cases the issue of punishment, after which the trier shall assess and declare the punishment as in all other criminal cases.

4.

If the trier at the first stage of a trial where the death penalty was not waived finds the defendant guilty of murder in the first degree, a second stage of the trial shall proceed at which the only issue shall be the punishment to be assessed and declared.

Evidence in aggravation and mitigation of punishment, including but not limited to evidence supporting any of the aggravating or mitigating circumstances listed in subsection 2 or 3 of section 565.032, may be presented subject to the rules of evidence at criminal trials.

Such evidence may include, within the discretion of the court, evidence concerning the murder victim and the impact of the offense upon the family of the victim and others.

Rebuttal and surrebuttal evidence may be presented.

The state shall be the first to proceed.

If the trier is a jury it shall be instructed on the law.

The attorneys may then argue the issue of punishment to the jury, and the state shall have the right to open and close the argument.

The trier shall assess and declare the punishment at life imprisonment without eligibility for probation, parole, or release except by act of the governor:

(1) If the trier finds by a preponderance of the evidence that the defendant is intellectually disabled;

or (2) If the trier does not find beyond a reasonable doubt at least one of the statutory aggravating circumstances set out in subsection 2 of section 565.032;

or (3) If the trier [concludes that there is evidence in mitigation of punishment, including but not limited to evidence supporting the statutory mitigating circumstances listed in subsection 3 of section 565.032, which is sufficient to outweigh the evidence in aggravation of punishment found by the trier] does not determine by unanimous vote that the aggravating circumstance or circumstances previously found outweigh the mitigating circumstance or circumstances including, but not limited to, those mitigating circumstances set out in subsection 3 of section 565.032;

or (4) If the trier decides under all of the circumstances not to assess and declare the punishment at death.

If the trier is a jury it shall be so instructed.

If the trier assesses and declares the punishment at death it shall, in its findings or verdict, set out in writing the aggravating circumstance or circumstances listed in subsection 2 of section 565.032 which it found beyond a reasonable doubt.

If the trier is a jury it shall be instructed before the case is submitted that if it is unable to decide or agree upon the punishment the court shall assess and declare the punishment at life imprisonment without eligibility for probation, parole, or release except by act of the governor [or death.

The court shall follow the same procedure as set out in this section whenever it is required to determine punishment for murder in the first degree].

5.

Upon written agreement of the parties and with leave of the court, the issue of the defendant's intellectual disability may be taken up by the court and decided prior to trial without prejudicing the defendant's right to have the issue submitted to the trier of fact as provided in subsection 4 of this section.

6.

As used in this section, the terms "intellectual disability" or "intellectually disabled" refer to a condition involving substantial limitations in general functioning characterized by significantly subaverage intellectual functioning with continual extensive related deficits and limitations in two or more adaptive behaviors such as communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure and work, which conditions are manifested and documented before eighteen years of age.

7.

The provisions of this section shall only govern offenses committed on or after August 28, 2001.

AsFor usedthe inpurposes sectionsof 610.140this tosection, 610.146, the following terms shall mean:

(1) "Automated"Court expungement",record technology-assisted,information", state-initiatedany bulkinformation closingstored ofin recordsa instatewide thecourt mannerautomation establishedsystem underrelating sectionto 610.120;a specific criminal offense in this state;

(2) "Central"Criminal repository",history therecord Missouriinformation", statedata highwayrelating patrolto centralthe repositoryarrest, forprosecution, compilingcourt action, detention, and disseminatingother completerelated information collected, stored, and accuratedisseminated by the central repository for each criminal historyoffense records;in this state;

(3) "Charges"Eligible pending",Offense", charges for which an individualoffense hasto notbe yeteligible, beenit sentenced;must:

(4)(a) "CleanBe slatea eligiblequalifying offense",offense, anas infraction,defined misdemeanor,in orthis felonysection; not listed under subsection 2 of section 610.140 for which an electronic record exists;

(5)(b) "Close"Be ora "closed",final toconviction; make records inaccessible to the general public and to all individuals other than the defendant, except as provided under section 610.120 and chapter 43;

SB(c) 854Be 2the (6)only "Expunge"charge orof "expunged",conviction toin closea case or part of a recordcase inthat thecontains manneronly establishedconvictions underfor sectionqualifying 610.120;offenses;

(7)(d) "FinalHave disposition",been theone dateyear thesince personfinal hasdisposition completed his or her incarceration or probation and has satisfied all obligations, including the payment of any restitution, but not including the paymenteligible ofoffense outstandingfor finesa ormisdemeanor feesand imposedthree byyears thefor court;a felony;

(8)(e) "Petitioner",Be includesan offender with no conviction for a personmisdemeanor whoor hasfelony petitionedwithin one calendar year of the courtfinal todisposition haveof histhe orexpungable heroffense convictionif orthe convictionsoffense expungedis a misdemeanor and three years if the expungable offense is a personfelony, whosenot convictionincluding orviolations convictionsof havethe beentraffic automaticallyregulations expungedprovided under thischapters section;301, 302, 303, 304, and 307;

(9)(f) "TrafficBe violation",an offender with no outstanding arrest or pending charges for a violationmisdemeanor or felony at the time of analysis for expungement, not including violations of the traffic regulations provided under chapters 301, 302, 303, 304, and 307.307;

and (g) Not be for an class A felony;

(4) "Expungement", closure of the record pursuant to section 610.120;

(5) "Qualifying offense", a conviction for:

(a) Possession of a controlled substance under section 195.202, as it existed prior to January 1, 2017;

(b) Unlawful use of drug paraphernalia under section 195.233, as it existed prior to January 1, 2017;

(c) Possession or control of a controlled substance under section 579.015;

or (d) Unlawful possession of drug paraphernalia under section 579.074.

(6) "Restoration of rights", a full restoration of the civil rights of such person to the status occupied prior to the conviction as if such events had never taken place.

This includes the right to vote, the right to hold public office, and to serve as a juror.

No person with a state initiated expungement shall be held thereafter under any provision of law to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such convictions or expungement in response to an inquiry and no such inquiry shall be made for information relating to an expungement, except the petitioner shall disclose the expunged crime to any entity with authorization to access closed records under section 610.120.

The expunged crime may be considered a prior offense in determining a sentence to be imposed for any subsequent offense that the person is found guilty of committing.

"Restoration of rights" shall not include rights related to the uses for the conviction detailed in section 610.120.

(1)All Beginning August 28, 2029, all records and files maintained in any administrative or court proceeding in a municipal, associate, or circuit court pertaining to clean slate eligible offenses shall automatically be closedexpunged inas the manner established under section 610.120 without the filing of a petitionmatter under section 610.140, subject to the limitations contained in subdivisions (2), (3), and (4) of thislaw subsectionupon andeligibility. subject to the following:

(a)The Forresult cases in which the imposition of sentence has been suspended, if an individual has successfully completed probation, the recordexpungement shall be closeda soclosure longof asthe onerecord year has passed since final disposition, and therestoration individualof hasrights, notas committeddefined anyin felonythis orsection. misdemeanor offense other than a traffic violation during that time;

(b) For infractions, municipal offenses, and misdemeanors, the record shall be closed if one year has passed since final disposition and the individual has not SB 854 3 committed any felony or misdemeanor offense other than a traffic violation during that time;

(c) For felony offenses, the record shall be closed if three years have passed since final disposition and the individual has not committed any felony or misdemeanor offense other than a traffic violation during that time;

(d) For all of an individual's offenses if the individual has attained sixty-five years of age and has not been convicted of any misdemeanors or felonies other than a traffic violation or a technical violation of the terms of their probation or parole in the immediate ten preceding years;

or (e) All offenses for which the governor of Missouri has granted a full pardon.

(2) Records pertaining to juvenile adjudications or offenses involving the operation of a motor vehicle are not eligible for automated expungement.

(3) No offense, violation, or infraction shall be eligible for automated expungement if a person has charges pending during the period of review for clean slate eligibility as described in subsection 3 of this section.

(4) (a) An individual may be granted more than one expungement under this section, provided that during his or her lifetime the total number of offenses, violations, or infractions for which expungement can be granted to the individual under this section or section 610.140 shall not exceed the following limits:

a.

No more than two felony offenses;

and b.

No more than four misdemeanor offenses or ordinance violations that have an authorized term of imprisonment.

(b) An individual may be granted expungement under this section for any number of infractions.

SB 854 4 (c) If an individual's record contains more felonies or misdemeanors than can be expunged during the individual's lifetime under paragraph (a) of this subdivision, the individual shall not be eligible for automated expungement under this section.

(d) For purposes of determining lifetime limits on expungement under this section and section 610.140:

a.

If the offenses or violations were charged as counts in the same case, all such offenses and violations shall count as only the highest level offense or violation in that case for purposes of determining lifetime limits on expungement under this section and section 610.140.

However, if one or more counts in the same indictment or information or conduct committed were a part of the same course of criminal conduct as an offense listed in subsection 2 of section 610.140, the entire record shall not be expunged under this section.

b.

If the offenses or violations were committed by an individual who has reached sixty-five years of age and has not been convicted of any misdemeanors or felonies other than traffic violations in the immediate ten preceding years, all clean slate eligible offenses shall be expunged.

(e) The court shall maintain records to ensure that a person has not exceeded the limitations provided under this subsection.

Nothing in this section shall be construed to limit or impair the subsequent use of any record maintained by the court for the purpose of any law enforcement or prosecutorial investigation or activity including any arrest or findings of guilt expunged under this section by a law enforcement agency, criminal justice agency, prosecuting attorney, circuit attorney, or municipal prosecuting attorney, including its use as a prior offense, violation, SB 854 5 or infraction in a subsequent criminal or civil investigation or prosecution.

(1)The Beginningcentral Augustrepository 28,shall, 2029, on a monthlyrolling basis, thebut officenot ofless statethan courtsonce administratorper shallweek, identifyautomatically andscreen transmitcriminal tohistory therecord centralinformation repositorycontained and every prosecuting agency in the statestatewide allcriminal cleanhistory slatedatabase eligiblefor offense records within thirty days of the record becoming eligible foroffenses. automated expungement.

(2)All Records that are eligible foroffenses automated expungement on or before August 28, 2026, shall be identifiedautomatically and expunged bypursuant Augustto 28,this 2031.section.

(3)The Delinquentcentral courtrepository costs, fines, fees, or other sums ordered by a court, except restitution owed to a victim of a crime, shall notbase beautomated expunged and shall not be considered by the office of state courts administrator when determining expungement ofrecord adesignations recordonly withouton the filingdata ofavailable ain petitionits undersystem. subsection 2 of this section.

TheOnce officeexpunged, ofan stateoffense courtsrecord administratorstatus shall seekreflect athe setoffexpungement ofin anythe incomecriminal taxhistory refundsystem and lottery prize payouts under section 488.5028 for all delinquent court costs, fines, fees, or other sums ordered by away courtof relatingthe toMissouri convictionsUniform expungedLaw underEnforcement subsectionSystem. 2 of this section.

(4)If Eachadditional prosecutinginformation agencyis inlearned thisby statethe hascentral norepository laterrelating thanto sixtyeligibility, days from the dayanalysis onmay whichbe thererun noticeas describednecessary in subdivision (1) of this subsection is transmitted to object to an automated expungement and transmitthe suchrecord objectionstatus toupdated. all parties.

The prosecuting agency may object to the automatic expungement for any of the following reasons:

(a) After reviewing the prosecuting agency's record, the agency believes the record does not meet the definition of a clean slate eligible case;

SB 854 6 (b) The person has not paid court-ordered restitution to the victim;

or (c) The person has charges pending against them in another case.

(5) If a prosecuting agency objects for a reason described in subdivision (4) of this subsection, within sixty days of the day on which the notice described in subdivision (1) of this subsection is transmitted, the record shall not be expunged.

(6) If sixty days have passed without an objection from a prosecuting agency or the central repository for one of the reasons set forth under this subsection, the office of state courts administrator shall transmit within fifteen days all the records to be expunged, sorted by circuit, to the presiding judges of every circuit court.

(7) (a) Within thirty days of receiving a notice to expunge, the circuit court shall issue orders for expungement of all records maintained in the circuit for which no notification of ineligibility was received by the office of state courts administrator from the central repository or a prosecuting agency unless the circuit court determines the record is not eligible for automated expungement.

(b) If the circuit court determines a record is not eligible for automated expungement, the court shall notify the office of state courts administrator in writing of its determination within thirty days and shall specify the reasons the court relied upon in making the determination.

(8) On a monthly basis, each circuit court shall issue orders for expungement of all records of arrest, charge, and conviction for ordinance violations and nonfingerprintable SB 854 7 offenses in the circuit that the court determines are eligible for automated expungement.

(9) On a monthly basis, each circuit court shall transmit copies of all orders for expungement that the court issues under this section to the office of state courts administrator.

(10) Once the transmitted records are expunged, the office of state courts administrator shall provide notice to all state agencies maintaining official copies of the records including, but not limited to, the appropriate circuit court clerk, the prosecuting or circuit attorney, the arresting law enforcement agency or agencies, the department of corrections, the central repository, and the department of revenue to expunge the records within thirty days.

(11) The Missouri state highway patrol shall retain a nonpublic record of the order expunging a conviction or other notification regarding a conviction that was automatically expunged under this section and of the record of the arrest, fingerprints, conviction, and sentence of the person in the case to which the order or other notification applies.

The nonpublic record shall be made available only to a court of competent jurisdiction, the office of state courts administrator, the department of corrections, a law enforcement agency, a prosecuting or circuit attorney, the attorney general, or the governor upon request and only for the following purposes:

(a) To show that a person who has filed a petition to expunge a conviction has previously had a conviction expunged under this section;

(b) The court's consideration in determining the sentence to be imposed upon conviction for a subsequent SB 854 8 offense that is punishable as a felony or by imprisonment for more than one year;

(c) Consideration by the governor if a person whose conviction has been expunged applies for a pardon for another offense;

(d) Consideration by the department of corrections or a law enforcement agency if a person whose conviction has been expunged applies for employment with the department of corrections or a law enforcement agency;

(e) Consideration by a court, law enforcement agency, prosecuting or circuit attorney, or the attorney general in determining whether a person required to register under sections 589.400 to 589.425 has committed an offense that requires registration under sections 589.400 to 589.425, or for use in a prosecution for committing an offense requiring registration under sections 589.400 to 589.425;

or (f) Consideration by a court, law enforcement agency, prosecuting or circuit attorney, or the attorney general for use in making determinations regarding charges, plea offers, and sentencing, as applicable.

(12) The office of state courts administrator shall create a digital access portal of all orders of expungement issued under this section.

The portal shall allow users to determine if an order for automated expungement has been granted in an individual's name.

The portal shall employ measures to prevent disclosure of any order to anyone other than the individual for whom the order was issued.

AnyThe supreme court sentencingof anMissouri individualshall, foron a cleanrolling slatebasis, eligiblebut offense shall notify the individual at the time of sentencing of the date when the individual's conviction may become eligible for automated expungement provided the individual is not convictedless ofthan anyonce misdemeanorper SBweek, 854automatically 9screen orcourt felony,record notinformation including a violation of a traffic regulation, during the time period specified for theeligible underlying offense or offenses.

All case materials relating to eligible offenses shall be automatically expunged pursuant to this section.

Expunged court record information shall be closed pursuant to section 610.120 and available to the parties.

AnyFor probationpurposes orof parolecompliance officewith releasingthis ansection, individualany fromagency supervisionreleasing forinvestigative areports cleanunder slatechapter eligible610 offense shall notifytreat thesaid individualinformation atas thea timeclosed supervision is discharged of the date when the individual's record orwhere recordsit mayrelates becomeonly eligibleto foran automatedexpunged expungement provided the individual is not convicted of any misdemeanor or felony, not including a violation of a traffic regulation, during the time period specified for the underlying offense orunder offenses.this section.

It shall be an affirmative defense that an agency conducted a Missouri Uniform Law Enforcement System query of the relevant criminal history record and adhered to the record status designation therein.

TheDuring provisionsthe ofsentencing thisphase sectionof shallany applycriminal retroactivelycase tofor anya arrest,qualifying charge,offense trial,under andthis convictionsection, forthe whichsentencing therecourt, isupon aits digitalown recordmotion regardlessor motion of theany dateparty, thatmay thedesignate arresta wasconviction made,ineligible thefor chargestate orinitiated chargesexpungement wereunder brought,this section if the trialrecord occurred,shows, orby thea convictionpreponderance wasof entered.the evidence, that:

(1) The petitioner's habits and conduct demonstrate that the petitioner is a threat to the public safety of the state;

(2) The state-initiated expungement is not consistent with the public welfare;

or (3) The interests of justice do not warrant the expungement.

Any party may request a hearing on such a motion and present evidence.

Upon a finding to exclude a conviction from state initiated expungement, the court shall designate the conviction type as not eligible for state initiated expungement in the statewide court automation system and when transmitting the sentencing information to the central repository.

NothingAn inoffender thisshall sectionbe precludeslimited anto individualthree frommisdemeanor filingand atwo petitionfelony forexpungements expungement of records under section 610.140 if an individual is eligible for an automated expungement under this section ifand suchsection an610.140 automatedcombined. expungement has not yet occurred or cannot occur pursuant to the provisions of this section.

Where a criminal case contains more than one expungable offense, the offense with the greatest severity shall be the only offense that counts for the purposes of this subsection.

UponNothing thein occurrencethis ofsection oneshall ofprohibit the circumstancesfiling provided under subdivision (1) or (2) of thisan subsection,expungement apetition conviction that was expunged under thisany sectionother shallprovision beof reinstatedlaw byfor thewhich courtsuch asa providedfiling inis thispermissible. subsection.

(1) If it is determined that a conviction was improperly or erroneously expunged because the conviction was not eligible to be expunged under this section, the court shall, on its own motion, reinstate the conviction.

SB 854 10 (2) Upon a motion by a person owed restitution or on its own motion, the court shall reinstate a conviction that was expunged under this section for which the person whose conviction was expunged was ordered to pay restitution if the court determines that the person has not made a good- faith effort to pay the ordered restitution.

UponNotwithstanding theany entryother provision of anlaw, orderthe undersole sectionremedy 610.140,for orrelief uponfor thefailure automatedto expungementexpunge of a conviction under this section,section the petitioner, for purposes of the law, shall be consideredthe notfiling toof havean beenexpungement previouslypetition convicted,under exceptsection for610.140. purposes of the following:

(1)10. The petitioner shall not be entitled to the remission of any fine, costs, or other moneys paid as a consequence of a conviction that is expunged;

(2)The Thisprovisions of this section shall notbe affecteffective thewhen righttechnically offeasible for both the petitionersupreme tocourt relyof uponMissouri and the convictioncentral torepository, barbut subsequentno proceedingslater forthan theJanuary same1, offense;2028.

(3) This section shall not affect the right of a victim of an offense to bring or defend a civil action for damages;

(4) This section shall not create a right to commence an action for damages for incarceration under the sentence that the petitioner served before the conviction is expunged under this section;

(5) This section shall not relieve any obligation to pay restitution owed to the victim of an offense nor shall such sections affect the jurisdiction of the convicting court or the authority of any court order with regard to enforcing an order for restitution;

(6) A conviction, including any records relating to the conviction and any records concerning a collateral action, that has been expunged under this section shall not SB 854 11 be used as evidence in an action for negligent hiring, admission, or licensure against any person;

or (7) A conviction that is expunged under this section or section 610.140 may be considered a prior conviction by a court, law enforcement agency, prosecuting attorney, or the attorney general, as applicable, for purposes of charging a crime as a second or subsequent offense or for sentencing under section 550.016.

610.142.

Beginning August 28, 2029, the office of state courts administrator shall report to the judiciary committees of the senate and house of representatives, or any successor committees, the following on a yearly basis:

(1) The number of records expunged under subsection 2 of section 610.141, by judicial circuit, with data aggregated by race, sex, age, circuit, county, and offense type and level;

and (2) The number of records transmitted back to the office of state courts administrator from the Missouri state highway patrol, any prosecuting agency, or any circuit court on objection that the record is not eligible for automated expungement or that the record does not match data held in the central repository, by judicial circuit, with data aggregated by race, sex, age, county, and offense type and level.

Records of arrests, indictments pending trial, and convictions of crimes shall no longer be reported if at any time after a conviction it is learned that a full pardon or expungement has been granted for that conviction, or at SB 854 12 any time after an arrest or indictment it is learned that a conviction did not result.

An employeremployer, volunteer organization, or landlord who employsemploys, qualifies, or otherwise engages an individual whose criminal history record has been expunged shall be immune from liability for any claim arising out of the misconduct of the individual if the misconduct relates to the portion of the criminal history record that has been expunged.

SB6. 854 13 610.144.

A person granted an expungement shall disclose any expunged offense if the disclosure of such information is necessary to complete any application for employment with any:

(1) Federally insured bank or savings institution or credit union or an affiliate of such institution or credit union for the purpose of compliance with 12 U.S.C.

Section and 12 U.S.C.

Section 1785;

or (2) Entity engaged in the business of insurance or any insurer for the purpose of complying with 18 U.S.C.

Section 1033, 18 U.S.C.

Section 1034, or other similar law that requires an employer engaged in the business of insurance to exclude applicants with certain criminal convictions from employment.

610.144.

(1) There is hereby created in the state treasury the "Missouri Expungement Fund", which shall consist of moneys depositedappropriated intoto theit fundby fromthe anygeneral sourceassembly including,and but not limited to, gifts, donations, grants, and bequests.

(2) NotwithstandingThe thestate provisionstreasurer ofshall sectioninvest 33.080 to the contrary, any moneys remaining in the fund atin the endsame ofmanner theas bienniumother shallfunds notare revertinvested. to the credit of the general revenue fund.

(3) The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.

The office of state courts administrator, the department of public safety, and the information technology services division within the office of administration,administration andshall expend moneys from the officefund, ofupon stateappropriation, courtson administratorthe shallstatewide expendcourt moneysautomation fromcase management system and the fund,Missouri uponcriminal appropriation,history onlyrecord information system established under sections 43.500 to 43.530 for one or more of the following purposes:

(1) ImplementationExpenses coststhat may be incurred to develop, establish, maintain, or operate any information technology equipment, software, systems, or services associated with the expungement or closing of records under sectionsMissouri 610.141law, toincluding 610.143;the development and implementation of any technology-assisted, state-initiated bulk expungement or sealing of records under Missouri law;

or (2) SystemThe upgradescost necessitatedof undernecessary sectionspersonnel 610.141or tocontractors. 610.143;

or14 (3) Staffing needs necessitated under sections 610.141 to 610.143.