Missouri Revised Statutes
Chapter 610 - Governmental Bodies and Records
Section 610.122 - Arrest record expunged, requirements.

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).

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXIX - Conduct of Public Business

Chapter 610 - Governmental Bodies and Records

Section 610.010 - Definitions.

Section 610.011 - Liberal construction of law to be public policy.

Section 610.015 - Votes, how taken.

Section 610.020 - Notice of meetings, when required — recording of meetings to be allowed, guidelines, penalty — accessibility of meetings — minutes of meetings to be kept, content — voting records to be included.

Section 610.021 - Closed meetings and closed records authorized when, exceptions.

Section 610.022 - Closed meetings, procedure and limitation — public records presumed open unless exempt — objections to closing meetings or records, procedure.

Section 610.023 - Records of governmental bodies to be in care of custodian, duties — records may be copied but not removed, exception, procedure — denial of access, procedure.

Section 610.024 - Public record containing exempt and nonexempt materials, nonexempt to be made available — deleted exempt materials to be explained, exception.

Section 610.025 - Electronic transmission of messages relating to public business, requirements.

Section 610.026 - Fees for copying public records, limitations — fee money remitted to whom — tax, license or fee as used in Missouri Constitution Article X, Section 22, not to include copying fees.

Section 610.027 - Violations — remedies, procedure, penalty, purposeful violations — validity of actions by governing bodies in violation — governmental bodies may seek interpretation of law, attorney general to provide.

Section 610.028 - Legal defense of members of governmental bodies, when — written policy on release of information required — persons reporting violations exempt from liability and discipline.

Section 610.029 - Governmental agencies to provide information by electronic services, contracts for public records databases, requirements, electronic services defined — division of data processing may be consulted.

Section 610.030 - Injunctive relief authorized.

Section 610.032 - Executive agency disclosure of closed records, purpose, procedure — executive agency defined.

Section 610.035 - State entity not to disclose Social Security number, exceptions.

Section 610.100 - Arrest and incident records — definitions — available to public — closed records, when — action for disclosure of investigative report authorized, costs — application to open incident and arrest reports, violations, civil penalty —...

Section 610.103 - Criminal background check completed without fee, when.

Section 610.105 - Effect of nolle pros — dismissal — sentence suspended on record — not guilty due to mental disease or defect, effect — official records available to victim in certain cases.

Section 610.106 - Suspended sentence prior to September 28, 1981, procedure to close records.

Section 610.110 - Failure to recite closed record excused — exceptions.

Section 610.115 - Penalty.

Section 610.120 - Records to be confidential — accessible to whom, purposes.

Section 610.122 - Arrest record expunged, requirements.

Section 610.123 - Procedure to expunge, supreme court to promulgate rules — similar to small claims.

Section 610.124 - Destruction of arrest records — removal from all electronic files — FBI requested to expunge — protest to expungement, procedure.

Section 610.125 - Failure to comply with expungement order, penalty — knowingly using expunged record for gain, penalty.

Section 610.126 - Expungement does not deem arrest invalid — department of revenue may retain records necessary for administrative actions on driver's license — power to close or expunge record, limitation.

Section 610.130 - Alcohol-related driving offenses, expunged from records, when — procedures, effect — limitations.

Section 610.131 - Expungement for persons less than eighteen years of age at time of offense.

Section 610.140 - Expungement of certain criminal records, petition, contents, procedure — effect of expungement on employer inquiry — lifetime limits.

Section 610.145 - Stolen or mistaken identity, expungement of records, procedure.

Section 610.150 - "911" telephone reports inaccessible, exceptions.

Section 610.175 - Flight log records after flight, open public records for elected members of executive and legislative branches.

Section 610.200 - Law enforcement agency log or record of suspected crimes, accidents or complaints, available for inspection and copying.

Section 610.205 - Crime scene photographs and video recordings closed records, when — disclosure to next-of-kin or by court order — inapplicability.

Section 610.210 - Health care coordination, certain records may be released.

Section 610.225 - Tax credit records and documents deemed closed records, when — request for opening records and documents, requirements, fee authorized.