Section 610.123

Title XXXIX CONDUCT OF PUBLIC BUSINESS

Chapter 610

Effective - 28 Aug 2005, 2 histories   

  610.123.  Procedure to expunge, supreme court to promulgate rules — similar to small claims. — 1.  Any person who wishes to have a record of arrest expunged pursuant to section 610.122 may file a verified petition for expungement in the civil division of the circuit court in the county of the arrest as provided in subsection 4 of this section.  The petition shall include the following information or shall be dismissed if the information is not given:

  (1)  The petitioner's:

  (a)  Full name;

  (b)  Sex;

  (c)  Race;

  (d)  Date of birth;

  (e)  Driver's license number;

  (f)  Social Security number; and

  (g)  Address at the time of the arrest;

  (2)  The offense charged against the petitioner;

  (3)  The date the petitioner was arrested;

  (4)  The name of the county where the petitioner was arrested and if the arrest occurred in a municipality, the name of the municipality;

  (5)  The name of the agency that arrested the petitioner;

  (6)  The case number and court of the offense;

  (7)  Petitioner's fingerprints on a standard fingerprint card at the time of filing a petition to expunge a record that will be forwarded to the central repository for the sole purpose of positively identifying the petitioner.

  2.  The petition shall name as defendants all law enforcement agencies, courts, prosecuting attorneys, central state depositories of criminal records or others who the petitioner has reason to believe may possess the records subject to expungement.  The court's order shall not affect any person or entity not named as a defendant in the action.

  3.  The court shall set a hearing on the matter no sooner than thirty days from the filing of the petition and shall give reasonable notice of the hearing to each official or agency or other entity named in the petition.

  4.  If the court finds that the petitioner is entitled to expungement of any record that is the subject of the petition, it shall enter an order directing expungement.  Upon granting of the order of expungement, the records and files maintained in any administrative or court proceeding in an associate or circuit division of the circuit court under this section shall be confidential and only available to the parties or by order of the court for good cause shown.  A copy of the order shall be provided to each agency identified in the petition pursuant to subsection 2 of this section.

  5.  The supreme court shall promulgate rules establishing procedures for the handling of cases filed pursuant to the provisions of this section and section 610.122.  Such procedures shall be similar to the procedures established in chapter 482 for the handling of small claims.

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(L. 1993 H.B. 170 § 2 merged with H.B. 562 § 12, A.L. 1995 H.B. 135, A.L. 2003 S.B. 184, A.L. 2005 S.B. 422)