SB 559
Allows petitions for expungement of certain criminal records
LR Number:
Last Action:
1/5/2012 - Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee
Journal Page:
Calendar Position:
Effective Date:
August 28, 2012

Current Bill Summary

SB 559 - This act authorizes the expungement of certain criminal records after eight years have elapsed since the person has completed his or her imprisonment, period of probation, or period of parole and has not been convicted of or been placed on probation for any misdemeanor or felony during that time.

The crimes eligible for expungement include felonies, misdemeanors, infractions, and municipal offenses other than certain specified violent crimes and crimes that require registration on the sex offender registry.

To expunge a criminal record under this act, the person must file a petition in the civil division of the circuit court in a county where any of the arrests, pleas, trials, or convictions occurred. Once expunged, the court records and files will be confidential and only available to the parties or by order of the court for good cause shown. The expungement also restores all rights to the person as if the crime had never occurred.

The clerk of the court is required to assess a $500 surcharge on all petitions for expungement. Moneys collected are payable to the General Revenue Fund.

This act repeals Section 577.054, which allows for the expungement of a first alcohol-related driving offense after a period of ten years, because the act's expungement provisions will apply to alcohol-related driving offenses.

This act is similar to HB 75 (2011) and is similar to provisions truly agreed to and finally passed in SS/HCS/HB 1647 (2012).