SB 310 Creates a petition process for the expungement of records relating to certain criminal offenses
Sponsor: Nasheed
LR Number: 1421S.03I Fiscal Note not available
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 2/28/2013 - Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee Journal Page: S399
Title: Calendar Position:
Effective Date: August 28, 2013

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Current Bill Summary


SB 310 - This act allows any person found guilty of prostitution, a misdemeanor or felony drug crime not involving a weapon, a misdemeanor or felony offense of criminal nonsupport, and most municipal ordinance violations and misdemeanors to file a petition for expungement of one or more offenses with the civil division of the court in which the offenses sought to be expunged were adjudicated.

The following offenses are not eligible for expungement - intoxicated-related driving offenses, sexual offenses, violations of protection orders, second degree endangering the welfare of a child, leaving a child unattended in a motor vehicle, and traffic and drug offenses when the offender holds a commercial driver's license.

The petition must name as defendants all law enforcement agencies, courts, prosecuting or circuit attorneys, central state repositories of criminal records, or others who the petitioner has reason to believe may possess the records subject to expungement for each of the offenses listed in the petition. The court's order of expungement only affects those named as defendants.

The petitioner must demonstrate that five years have elapsed since he or she has completed a sentence of imprisonment, period of probation, or period of parole, that the person has not been found guilty of any misdemeanor or felony during that time, and the person has not had any other petition for expungement granted under the provisions of the act.

If the court determines the person meets all the criteria for each of the offenses listed in the petition for expungement, the court must order expungement and provide the order to each entity named in the petition.

Upon granting an order of expungement, the records and files maintained in a circuit court for any offense ordered expunged under this section shall be confidential and only available to the parties, any law enforcement agency for criminal investigations, any prosecutor for criminal prosecutions, or by order of the court for good cause shown. All other entities named in the petition must destroy their records relating to any offense ordered expunged. The central repository must request the FBI to expunge records from its files.

Except as otherwise provided for criminal prosecutions and investigations, the order restores the person to the status he or she occupied prior to the arrest, plea, trial, or conviction. No person whose records have been expunged may be found guilty of perjury or otherwise giving a false statement for failing to disclose the offense.

The court must dismiss the petition if it determines the petitioner did not met the criteria for all of the offenses listed in the petition for expungement. The petitioner may refile.

This act is similar to HB 1344 (2012) and a provision of HB 1647 (2012).

MEGHAN LUECKE