Missouri Revised Statutes
Chapter 610 - Governmental Bodies and Records
Section 610.145 - Stolen or mistaken identity, expungement of records, procedure.

Effective - 28 Aug 2017
610.145. Stolen or mistaken identity, expungement of records, procedure. — 1. (1) If a person is named in a charge for an infraction or offense, whether a misdemeanor or a felony, as a result of another person using the identifying information of the named person or as a result of mistaken identity and the charges were dismissed or such person was found not guilty, the named person may apply by petition or written motion to the court where the charge was last pending on a form approved by the office of state courts administrator and supplied by the clerk of the court for an order to expunge from all official records any entries relating to the person's apprehension, charge, or trial. The court, after providing notice to the prosecuting attorney, shall hold a hearing on the motion or petition and, upon finding that the person's identity was used without permission and the charges were dismissed or the person was found not guilty, the court shall order the expungement.
(2) If any person is named in a charge for an infraction or offense, whether a misdemeanor or a felony, as a result of another person using the identifying information of the named person or mistaken identity, and the charge against the named person is dismissed, the prosecutor or other judicial officer who ordered the dismissal shall provide notice to the court of the dismissal, and the court shall order the expungement of all official records containing any entries relating to the person's apprehension, charge, or trial.
2. No person as to whom such an order has been entered under this section shall be held thereafter under any provision of law to be guilty of perjury or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of the person's failure to recite or acknowledge any expunged entries concerning apprehension, charge, or trial.
3. The court shall also order that such entries shall be expunged from the records of the court and direct all law enforcement agencies, the department of corrections, the department of revenue, or any other state or local government agency identified by the petitioner, or the person eligible for automatic expungement under subdivision (2) of subsection 1 of this section, as bearing record of the same to expunge their records of the entries. The clerk shall notify state and local agencies of the court's order. The costs of expunging the records, as provided in this chapter, shall not be taxed against the person eligible for expungement under this section.
4. The department of revenue shall expunge from its records entries made as a result of the charge or conviction ordered expunged under this section. The department of revenue shall also reverse any administrative actions taken against a person whose record is expunged under this section as a result of the charges or convictions expunged, including the assessment of the driver's license points and driver's license suspension or revocation. Notwithstanding any other provision of this chapter to the contrary, the department of revenue shall provide to the person whose motor vehicle record is expunged under this section a certified corrected driver history at no cost and shall reinstate at no cost any driver's license suspended or revoked as a result of a charge or conviction expunged under this section.
5. The department of corrections and any other applicable state or local government agency shall expunge its records as provided in subsection 3 of this section. The agency shall also reverse any administrative actions taken against a person whose record is expunged under this section as a result of the charges or convictions being expunged. Notwithstanding any other provision of law to the contrary, the normal fee for any reinstatement of a license or privilege resulting under this section shall be waived.
6. Any insurance company that charged any additional premium based on insurance points assessed against a policyholder as a result of a charge or conviction that was expunged under this section shall refund such additional premiums for the three-year period immediately prior to the entry of the expungement by the court to the policyholder upon notification and verification of the expungement.
7. For purposes of this section, the term "mistaken identity" shall mean the erroneous arrest of a person for an offense as a result of misidentification by a witness or law enforcement, confusion on the part of a witness or law enforcement as to the identity of the person who committed the offense, misinformation provided to law enforcement as to the identity of the person who committed the offense, or some other mistake on the part of a witness or law enforcement as to the identity of the person who committed the offense.
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(L. 2017 S.B. 34)

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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.