Missouri Revised Statutes
Chapter 610 - Governmental Bodies and Records
Section 610.130 - Alcohol-related driving offenses, expunged from records, when — procedures, effect — limitations.

Effective - 01 Jan 2017
610.130. Alcohol-related driving offenses, expunged from records, when — procedures, effect — limitations. — 1. After a period of not less than ten years, an individual who has pleaded guilty or has been convicted for a first intoxication-related traffic offense or intoxication-related boating offense which is a misdemeanor or a county or city ordinance violation and which is not a conviction for driving a commercial motor vehicle while under the influence of alcohol and who since such date has not been convicted of any intoxication-related traffic offense or intoxication-related boating offense may apply to the court in which he or she pled guilty or was sentenced for an order to expunge from all official records all recordations of his or her arrest, plea, trial or conviction.
2. If the court determines, after hearing, that such person has not been convicted of any subsequent intoxication-related traffic offense or intoxication-related boating offense, has no other subsequent alcohol-related enforcement contacts as defined in section 302.525, and has no other intoxication-related traffic offense or intoxication-related boating offenses or alcohol-related enforcement actions pending at the time of the hearing on the application, the court shall enter an order of expungement.
3. 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. The effect of such order shall be to restore such person to the status he or she occupied prior to such arrest, plea or conviction and as if such event had never taken place. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrest, plea, trial, conviction or expungement in response to any inquiry made of him or her for any purpose whatsoever and no such inquiry shall be made for information relating to an expungement under this section. A person shall only be entitled to one expungement pursuant to this section. Nothing contained in this section shall prevent the director from maintaining such records as to ensure that an individual receives only one expungement pursuant to this section for the purpose of informing the proper authorities of the contents of any record maintained pursuant to this section.
4. The provisions of this section shall not apply to any individual who has been issued a commercial driver's license or is required to possess a commercial driver's license issued by this state or any other state.
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(L. 1989 1st Ex. Sess. H.B. 3 § 2, A.L. 2004 S.B. 1233, et al., A.L. 2005 S.B. 422, A.L. 2010 H.B. 1695, et al., A.L. 2014 S.B. 491)
Transferred 2014; formerly 577.054; Effective 1-01-17
(2009) Section authorizes courts to expunge all records of a driver's administrative alcohol suspension and to make those records confidential. S.S. v. Mitchell, 289 S.W.3d 797 (Mo.App. E.D.).

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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.