Section 589.401

There are multiple enactments of 589.401

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 589

Effective - 28 Aug 2026, 2 histories, see footnote   

  589.401.  Removal or exemption from registry, petition, procedure. — 1.  A person on the sexual offender registry of this state may file a petition in the division of the circuit court in the county or city not within a county in which the offense requiring registration was adjudicated to have his or her name exempted or removed from the sexual offender registry in accordance with this section.

  2.  (1)  A person who is required to register in this state because of an offense that was adjudicated in another jurisdiction shall file his or her petition for removal, termination, or relief from registration, or the declaratory judgment providing for removal, termination, or relief from registration according to the laws of the state, federal, territory, tribal, or military jurisdiction, the District of Columbia, or foreign country in which his or her offense was adjudicated.  Upon entry of a judgment by a court of competent jurisdiction providing that the person is no longer required to register as a sex offender under the laws of the adjudicating jurisdiction, such judgment may be registered in this state by sending the information required under subsection 5 of this section as well as one authenticated copy of the order granting removal from the sexual offender registry in the jurisdiction where the offense was adjudicated to the court in the county or city not within a county in which the offender is required to register.  On receipt of a request for registration removal, the registering court shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.  The petitioner shall be responsible for costs associated with filing the petition.  Nothing in this subdivision shall be construed to remove any requirements for a petition under this section or to remove the requirement that a person prove he or she is entitled to removal under Missouri law, when applicable.

  (2)  A person required to register as an offender in this state based solely on an offense adjudicated in another jurisdiction may file a petition for removal from this state's sexual offender registry, provided that:

  (a)  The offense did not require the person to register as an offender in the adjudicating jurisdiction at the time the offense was adjudicated; or

  (b)  The person never resided, worked, or attended school in the adjudicating jurisdiction and was never required to register in the adjudicating jurisdiction.

  (3)  A petition filed under subdivision (2) of this subsection shall otherwise satisfy the requirements applicable to a petition filed under subdivision (1) of this subsection.

  3.  A person required to register as a tier III offender shall not file a petition under this section unless the requirement to register results from a juvenile adjudication.

  4.  The petition shall be dismissed without prejudice if the following time periods have not elapsed since the date the person was required to register for his or her most recent offense under sections 589.400 to 589.425:

  (1)  For a tier I offense, ten years;

  (2)  For a tier II offense, twenty-five years; or

  (3)  For a tier III offense adjudicated delinquent, twenty-five years.

  5.  The petition shall be dismissed without prejudice if it fails to include any of the following:

  (1)  The petitioner's:

  (a)  Full name, including any alias used by the petitioner;

  (b)  Sex;

  (c)  Race;

  (d)  Date of birth;

  (e)  Last four digits of the Social Security number;

  (f)  Address; and

  (g)  Place of employment, school, or volunteer status;

  (2)  The offense and tier of the offense that required the petitioner to register;

  (3)  The date the petitioner was adjudicated for the offense;

  (4)  The date the petitioner was required to register;

  (5)  The case number and court, including the county or city not within a county, that entered the original order for the adjudicated sex offense;

  (6)  Petitioner's original fingerprints on an applicant fingerprint card;

  (7)  If the petitioner was pardoned or an offense requiring registration was reversed, vacated, or set aside, an authenticated copy of the order; and

  (8)  If the petitioner is currently registered under applicable law and has not been adjudicated for failure to register in any jurisdiction and does not have any charges pending for failure to register.

  6.  The petition shall name as respondents the Missouri state highway patrol and the registration official in the county or city not within a county in which the petition is filed.

  7.  All proceedings under this section shall be governed under the Missouri supreme court rules of civil procedure.

  8.  The person seeking removal or exemption from the registry shall provide the prosecuting attorney in the circuit court in which the petition is filed with notice of the petition.  The prosecuting attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied.  Failure of the person seeking removal or exemption from the registry to notify the prosecuting attorney of the petition shall result in an automatic denial of such person's petition.

  9.  The Missouri state highway patrol, the prosecuting attorney in the circuit court in which the petition is filed, and the petitioner shall have access to all applicable records concerning the petitioner including, but not limited to, criminal history records, mental health records, juvenile records, and records of the department of corrections or probation and parole.

  10.  The prosecuting attorney shall make reasonable efforts to notify the victim of the crime for which the person was required to register of the petition and the dates and times of any hearings or other proceedings in connection with such petition.

  11.  The court shall not enter an order directing the removal of the petitioner's name from the sexual offender registry unless it finds the petitioner:

  (1)  Has not been adjudicated or does not have charges pending for any additional nonsexual offense for which imprisonment for more than one year may be imposed since the date the offender was required to register for his or her current tier level;

  (2)  Has not been adjudicated or does not have charges pending for any additional sex offense that would require registration under sections 589.400 to 589.425 since the date the offender was required to register for his or her current tier level, even if the offense was punishable by less than one year imprisonment;

  (3)  Has successfully completed any required periods of supervised release, probation, or parole without revocation since the date the offender was required to register for his or her current tier level, or, in the case of lifetime supervision or probation, such term has been reduced or terminated by a court of competent jurisdiction;

  (4)  Has successfully completed an appropriate sex offender treatment program as approved by a court of competent jurisdiction or the Missouri department of corrections; and

  (5)  Is not a current or potential threat to public safety.

  12.  In order to meet the criteria required by subdivisions (1) and (2) of subsection 11 of this section, the fingerprints filed in the case shall be examined by the Missouri state highway patrol.  The petitioner shall be responsible for all costs associated with the fingerprint-based criminal history check of both state and federal files under section 43.530.

  13.  If the petition is denied due to an adjudication in violation of subdivision (1) or (2) of subsection 11 of this section, the petitioner shall not file a new petition under this section until:

  (1)  Fifteen years have passed from the date of the adjudication resulting in the denial of relief if the petitioner is classified as a tier I offender;

  (2)  Twenty-five years have passed from the date of adjudication resulting in the denial of relief if the petitioner is classified as a tier II offender; or

  (3)  Twenty-five years have passed from the date of the adjudication resulting in the denial of relief if the petitioner is classified as a tier III offender on the basis of a juvenile adjudication.

  14.  If the petition is denied due to the petitioner having charges pending in violation of subdivision (1) or (2) of subsection 11 of this section, the petitioner shall not file a new petition under this section until:

  (1)  The pending charges resulting in the denial of relief have been finally disposed of in a manner other than adjudication; or

  (2)  If the pending charges result in an adjudication, the necessary time period has elapsed under subsection 13 of this section.

  15.  (1)  Except as provided in subdivision (2) of this subsection, if the petition is denied for reasons other than those outlined in subsection 11 of this section, no successive petition requesting such relief shall be filed for at least five years from the date the judgment denying relief is entered.

  (2)  If the denial was based on a statute or law that has since been amended, repealed, or invalidated, a person may file a new petition within the five-year period.  In addition to the requirements under subsection 5 of this section, the new petition shall include the case number and court of the prior petition and identify the applicable change in the statute or law.

  16.  If the court finds the petitioner is entitled to have his or her name removed from the sexual offender registry, the court shall enter judgment directing the removal of the name.  A copy of the judgment shall be provided to the respondents named in the petition.

  17.  Any person subject to the judgment requiring his or her name to be removed from the sexual offender registry is not required to register under sections 589.400 to 589.425 unless such person is required to register for an offense that was different from that listed on the judgment of removal.

  18.  The court shall not deny the petition unless the petition failed to comply with the provisions of sections 589.400 to 589.425 or the prosecuting attorney provided evidence demonstrating the petition should be denied.

  19.  (1)  The provisions of subsections 3 and 4 of this section shall not apply to persons filing for exemption pursuant to this subsection.

  (2)  Except as provided in this subsection, a petition for exemption shall be governed by the other requirements provided in this section.

  (3)  A petition for exemption under this subsection shall be the exclusive remedy for adjudicating the applicability of the exemptions in this subsection.

  (4)  A person shall be ordered exempt from registration if the person meets the requirements of this section and the offense requiring registration is:

  (a)  Sexual conduct where no force or threat of force was directed toward the victim, the victim was at least fourteen years of age, and the person was not more than four years older than the victim at the time of the offense, unless the victim was under the custodial authority of the offender at the time of the offense;

  (b)  Sexual conduct where no force or threat of force was directed toward the victim or any other individual involved if the victim or other individual was eighteen years of age or older, unless the victim was under the custodial authority of the offender at the time of the offense;

  (c)  Promoting obscenity in the first degree under section 573.020;

  (d)  Promoting obscenity in the second degree under section 573.030;

  (e)  Furnishing pornographic materials to minors under section 573.040;

  (f)  Public display of explicit sexual material under section 573.060; or

  (g)  Coercing acceptance of obscene material under section 573.065.

  (5)  The person shall have the burden of proving the person meets the requirements for exemption.  In determining whether the person meets the requirements, a court may look beyond the offense of conviction and consider the underlying facts and conduct of the offense when evaluating noncategorical exemptions.

  (6)  If a court determines a person to be exempt, the provisions of sections 589.400 to 589.425 shall not apply for the purposes of the exempt offense.  In the event a person currently registering is found to be exempt from the registration visit requirements, the person shall also be removed from the sexual offender registry.

  (7)  Nothing in this subsection shall prohibit a person from remaining or being placed on the sexual offender registry for any other nonexempt offense for which the person is required to register under sections 589.400 to 589.425.

  (8)  If a petition for exemption is filed before a person is required to register under sections 589.400 to 589.425, the requirements of sections 589.400 to 589.425 shall be automatically stayed pending the outcome.  In the event a petition is denied, the requirements of sections 589.400 to 589.425 shall be in effect three business days following the exhaustion of all appeal rights.  Nothing in this subdivision shall alter or be construed to give any court authority to alter ongoing requirements for persons whose initial registration requirement begins prior to the filing of a petition for exemption until a final order of exemption is entered.

  20.  The provisions of subsections 3 and 4 of this section shall not apply to persons filing for removal if the offense requiring registration is reversed, vacated, or set aside.  A petition for removal due to the offense being reversed, vacated, or set aside shall be filed in accordance with all other requirements of this section and shall be the exclusive remedy for removal in such situations.  Such petition shall include a certified copy of the action reversing, vacating, or setting aside the offense requiring registration.

  21.  This section shall be the sole remedy for removal or exemption for persons adjudicated of a registerable offense.  No declaratory action shall be filed for relief from registration requirements, except if registration, or threat thereof, is the result of an offense never requiring registration.  Nothing in this subsection shall be construed to prohibit the filing of a declaratory action solely on the issue of what tier an offender should be classified under.

  22.  Notwithstanding any other provision of law, no person convicted of an offense that requires him or her to register under sections 589.400 to 589.425 shall change his or her legal name for the period of time he or she is required to register.  To the extent the person has a prior legal name that was utilized on or after the date of conviction for any offense requiring registration, such name shall be reported under this section as an alias.

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(L. 2018 S.B. 655, A.L. 2026 H.B. 2637 & 3155 merged with S.B. 982)

Severability clause, see § 1.1005