Missouri Legislators Need Voter Support To Change Expungement Law

There are currently 10 bills in Missouri’s State House of Representatives and 3 bills in the State Senate that propose changes to the expungement process in Missouri. Currently, in order to expunge your record, you have to follow the rules set by Section 610.140, RSMo and pay the fee set by Section 488.650, RSMo.

As it stands, Missouri’s expungement process is a relatively difficult one. A person may petition for expungement of a limited list of crimes and only 3 felonies related to fraudulent use of various methods of payment. The only way to change this, though, is to give the politicians that propose new bills support and let those who don’t know that they won’t have your vote. Register to vote, contact your Representative in the State House and your Senator in the State Senate, and don’t forget to reach out to your US Representative and US Senator — they can bring a lot of pressure, as well.

Current proposed changes reduce the time a person has to wait, expand the list of laws that qualify, and more. In order of the date they were introduced, the new bills are as follows:

HB 1519

Activity History: Prefiled on December 1, 2015; Read First Time on January 6, 2016; Read Second Time on January 7, 2016
 Current Status: No hearing schedule, not on a House calendar.
 Sponsored by Rep. Brandon Ellington, this bill would add all nonviolent crimes, including all nonviolent drug violations, among the other expungement-eligible charges. Eligibility requirements would change, but so too would the ability of the judge to have a say in the matter. So long as 4 years have passed from the completion of a person’s sentence, if a person has obtained a GED and/or an associate’s degree (or higher), completed 700 hours of community service, kept a job with the same employer for 2 years, and never been convicted of or been place on probation for any other misdemeanor or felony during those fours years, they will be granted an expungement.
 Expeal Opinion: Without public support, this bill is dead.

HB 1524

Activity History: Prefiled on December 1, 2015; Read First Time on January 6, 2016; Read Second Time on January 7, 2016
 Current Status: No hearing schedule, not on a House calendar.
 Sponsored by Rep. Brandon Ellington, this bill would allow any felony or misdemeanor offenses involving marijuana or marijuana-related drug paraphernalia committed in the three years leading up to the passage of a constitutional amendment legalizing marijuana to become eligible for expungement. It would cost a person $200, which would go towards the Drug Court Resources Fund to pay for drug treatment programs.
 Expeal Opinion: Without public support, this bill is dead.

HB 1555

Activity History: Prefiled on December 1, 2015; Read First Time on January 6, 2016; Read Second Time on January 7, 2016
 Current Status: No hearing schedule, not on a House calendar.
 Sponsored by Rep. Gina Mitten, this bill increases the $100 surcharge up to $500. It also removes the limit on one petition in a circuit court for a person’s lifetime, but limits the number of charges that can be expunged to 2 misdemeanors and 1 felony in a lifetime. Certain crimes are listed that can be expunged as well as others that can never be expunged. It also allows people who were arrested but never sentenced to apply for expungement as well. Wait times are cut with those for felonies reduced to 5 years and misdemeanors and other violations reduced to 3 years. Any convictions after you petition for an expungement bars you from petitioning in the future. However, a judge must issue an order if no objection is filed by the prosecutor within 30 days and other circumstances apply. The process is also made easier, requiring the court rather than the individual to report the order to the appropriate authorities.
 Expeal Opinion: Without public support, this bill is dead.

HB 1803

Activity History: Prefiled on December 14, 2015; Read First Time on January 6, 2016; Read Second Time on January 7, 2016
 Current Status: No hearing schedule, not on a House calendar.
 Sponsored by Rep. Sharon Pace and co-sponsored by Rep. Rochelle Gray, this bill adds Class A misdemeanors for stealing to the list of eligible offenses.
 Expeal Opinion: Without public support, this bill is dead.

HB 1843

Activity History: Prefiled on December 14, 2015; Read First Time on January 6, 2016; Read Second Time on January 7, 2016
 Current Status: No hearing schedule, not on a House calendar.
 Sponsored by Rep. Kimberley Gardner and co-sponsored by Rep. Joshua Peters, this bill expands eligible charges to any misdemeanor and any nonviolent felony except for sex-related offenses. It also cuts the waiting time to file to expunge your records to 5 years while allowing the court to set the fee for the filing.
 Expeal Opinion: Without public support, this bill is dead.

HB 1889

Activity History: Prefiled on December 17, 2015; Read First Time on January 6, 2016; Read Second Time on January 7, 2016
 Current Status: No hearing schedule, not on a House calendar.
 Sponsored by Rep. Shamed Dogan, this bill raises the fee to expunge your record to $500. It also repeals the limit of one petition per county and also requires the Court rather than the defendant to inform all appropriate agencies of the order.
 Expeal Opinion: Without public support, this bill is dead.

HB 2074

Activity History: Introduced and Read First Time on January 7, 2016; Read Second Time on January 11, 2016
 Current Status: No hearing schedule, not on a House calendar.
 Sponsored by Rep. Clem Smith, this bill allows for people who have had crimes committed with their stolen identities to expunge records associated with those crimes. It also requires collateral damage, like Department of Revenue entries or increased insurance premiums, to be reversed.
 Expeal Opinion: Without public support, this bill is dead.

HB 2191

Activity History: Introduced and Read First Time on January 12, 2016; Read Second Time on January 13, 2016
 Current Status: No hearing schedule, not on a House calendar.
 Sponsored by Rep. Karla May, this bill allows someone who has a criminal record related to a first felony offense of criminal nonsupport to expunge their record after 8 years have passed since the completion of a sentence, payment of all arrearages, and completion of a criminal nonsupport courts program.
 Expeal Opinion: Without public support, this bill is dead.

HB 2193

Activity History: Introduced and Read First Time on January 12, 2016; Read Second Time on January 13, 2016
 Current Status: No hearing schedule, not on a House calendar.
 Sponsored by Rep. Karla May, this bill allows for people who have had crimes committed with their stolen identities to expunge records associated with those crimes. It also requires collateral damage, like Department of Revenue entries or increased insurance premiums, to be reversed. It is the same as HB 2074.
 Expeal Opinion: Without public support, this bill is dead.

HB 2224

Activity History: Introduced and Read First Time on January 13, 2016; Read Second Time on January 14, 2016
 Current Status: No hearing schedule, not on a House calendar.
 Sponsored by Rep. Jason Chipman, this bill expands eligibility of the expungement law to include everything except for Class A felonies, Class B felonies that are not drug offenses, offenses that are considered dangerous felonies, and all offenses listed in Chapters 566 (sex offenses) and 568 (bigamy), RSMo.
 Expeal Opinion: Without public support, this bill is dead.

SB 588

Activity History: Prefiled on December 1, 2015; Read First Time on January 6, 2016; Read Second Time on January 7, 2016; Hearing Conducted on January 26, 2016
 Current Status: No hearing schedule, not on a Senate calendar.
 Sponsored by Sen. Bob Dixon, this bill raises the fee to expunge your record to $500. It also removes the limit on one petition in a circuit court for a person’s lifetime, but limits the number of charges that can be expunged to 2 misdemeanors and 1 felony in a lifetime. Certain crimes are listed that can be expunged as well as others that can never be expunged. It also allows people who were arrested but never sentenced to apply for expungement as well. Wait times are cut with those for felonies reduced to 5 years and misdemeanors and other violations reduced to 3 years. Any convictions after you petition for an expungement bars you from petitioning in the future. However, a judge must issue an order if no objection is filed by the prosecutor within 30 days and other circumstances apply. The process is also made easier, requiring the court rather than the individual to report the order to the appropriate authorities.
 Expeal Opinion: Without public support, this bill is dead.

SB 603

Activity History: Prefiled on December 1, 2015; Read First Time on January 6, 2016; Read Second Time on January 7, 2016; Hearing Conducted on January 26, 2016
 Current Status: No hearing schedule, not on a Senate calendar.
 Sponsored by Sen. Shalonn “Kiki” Curls, this bill expands the types of charges that qualify for expungement to any charge except for those involving the use or possession of a weapon, the use of force or violence, or a charge that requires registration on the sex offender registry. It also cuts the waiting time to 10 years for a felony and 5 years for a misdemeanor or less.
 Expeal Opinion: Without public support, this bill is dead.

SB 942

Activity History: Read First Time on January 20, 2016; Read Second Time on January 21, 2016; Hearing Conducted on January 26, 2016
 Current Status: No hearing schedule, not on a Senate calendar.
 Sponsored by Sen. Jamilah Nasheed, this bill expands the types of charges that qualify for expungement to any charge related to prostitution, drug crimes that do not involve a weapon, criminal nonsupport, and most municipal violations and misdemeanors. However, any intoxicated-related driving offenses, sexual offenses, violations of protection orders, second degree endangering the welfare of a child, leaving a child unattended din a motor vehicle, and traffic and drug offenses when the person holds a commercial driver’s licenses are barred. The waiting time is also cut to 5 years.
 Expeal Opinion: Without public support, this bill is dead.


Originally published at expeal.com on January 29, 2016.

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