Section 610.122

Title XXXIX CONDUCT OF PUBLIC BUSINESS

Chapter 610

Effective - 28 Aug 2021, 2 histories   

  610.122.  Arrest record expunged, requirements. — 1.  Notwithstanding other provisions of law to the contrary, any record of arrest recorded pursuant to section 43.503 may be expunged if:

  (1)  The court determines that the arrest was based on false information and the following conditions exist:

  (a)  There is no probable cause, at the time of the action to expunge, to believe the individual committed the offense;

  (b)  No charges will be pursued as a result of the arrest; and

  (c)  The subject of the arrest did not receive a suspended imposition of sentence for the offense for which the arrest was made or for any offense related to the arrest; or

  (2)  The court determines the person was arrested for, or was subsequently charged with, a misdemeanor offense of chapter 303 or any moving violation as the term moving violation is defined under section 302.010, except for any intoxication-related traffic offense as intoxication-related traffic offense is defined under section 577.023 and:

  (a)  Each such offense or violation related to the arrest was subsequently nolle prossed or dismissed, or the accused was found not guilty of each offense or violation; and

  (b)  The person is not a commercial driver's license holder and was not operating a commercial motor vehicle at the time of the arrest.

  2.  A record of arrest shall only be eligible for expungement under this section if no civil action is pending relating to the arrest or the records sought to be expunged.

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(L. 1993 H.B. 170 § 1 merged with H.B. 562 § 11, A.L. 1995 H.B. 135, A.L. 2014 H.B. 1665 & 1335, A.L. 2021 S.B. 53 & 60)

(2005) Statutory expungement of criminal records is civil in nature and is constitutional under legislative procedural requirements and provisions of ex post facto, equal protection, due process, and separation of powers.  In re Dyer, 163 S.W.3d 915 (Mo.banc).