HCS HB 481 -- CRIMINAL RECORDS

SPONSOR:  May, 108 (Gunn)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 18 to 0.

This substitute allows the court, after considering all the
circumstances, to close to the general public and law
enforcement agencies a person's criminal and juvenile records.

A person is eligible to petition the court to have his or her
records closed if the petitioner is at least 25 and not on
probation or parole.  In addition, the petitioner must have less
than 2 felony convictions; less than 3 misdemeanor convictions;
no misdemeanor convictions for at least 10 consecutive years
after release from prison; no felony convictions for at least 15
consecutive years after release from prison; no convictions for
a violent felony, a sex offense, or class A or B felony
distribution of controlled substances; no convictions for
operating a commercial motor vehicle with a blood alcohol
content of .04% or more; and no previous petitions to have the
petitioner's record closed.

Also, the petitioner is prohibited from bringing a civil action
against a law enforcement agency relating to the arrest or
conviction described in the closed records after the closure of
the records.  In addition, the petitioner is prohibited from
employment by any licensed gambling operation.

Persons who knowingly fail to close or release closed
information are guilty of a class B misdemeanor.  Persons who
know the records are closed and use the information for
financial gain are guilty of a class D felony.

The substitute also allows a person's arrest record to be
destroyed if no criminal charges have been filed against the
person within 10 years from the date of the arrest.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
Unknown in FY 2000, FY 2001, and FY 2002.  Estimated Net Cost to
Criminal Records System of $284,118 in FY 2000, $279,036 in FY
2001, and $286,046 in FY 2002.

PROPONENTS:  Supporters say that expunging criminal records of
persons who have been rehabilitated allows them to lead a normal
life.  Currently, rehabilitated offenders continue to experience
discrimination in employment and other arenas when they have not
committed an offense for over a decade or more.

Testifying for the bill were Representative Gunn; and Steven
Cook.

OPPONENTS:  Those who oppose the bill say that it is unfair to
allow the government access to these sealed records when the
public and the press may not obtain them.

Testifying against the bill was the Missouri Press Association.

Katharine Hickel Barondeau, Legislative Analyst

HB 481 -- Criminal Records

Co-Sponsors:  Gunn, Relford, Clayton, Thompson (37), Carter,
Loudon

This bill allows the court, after considering all the
circumstances, to close to the general public a person's
criminal and juvenile records.

A person is eligible to petition the court to have his or her
records closed if the petitioner is less than 25 and not on
probation or parole.  In addition, the petitioner must have less
than 2 felony convictions; less than 3 misdemeanor convictions;
no misdemeanor convictions for at least 10 consecutive years
after release from prison; no felony convictions for at least 15
consecutive years after release from prison; no convictions for
a violent felony, a sex offense, or class A or B felony
distribution of controlled substances; no convictions for
operating a commercial motor vehicle with a blood alcohol
content of .04% or more; and no previous petitions to have the
petitioner's record closed.

Also, the petitioner is prohibited from bringing a civil action
against a law enforcement agency relating to the arrest or
conviction described in the closed records after the closure of
the records.  In addition, the petitioner is prohibited from
employment by any licensed gambling operation.

Persons who knowingly fail to close or release closed
information are guilty of a class B misdemeanor.  Persons who
know the records are closed and use the information for
financial gain are guilty of a class D felony.

The bill also allows a person's arrest record to be destroyed if
no criminal charges have been filed against the person within 10
years from the date of the arrest.