577.054. Alcohol-related driving offenses, expunged from records, when--procedures, effect--limitations - Missouri Statutes

Alcohol-related driving offenses, expunged from records,when--procedures, effect--limitations

577.054. 1. After a period of not less than ten years, an individualwho has pleaded guilty or has been convicted for a first alcohol-relateddriving offense which is a misdemeanor or a county or city ordinanceviolation and which is not a conviction for driving a commercial motorvehicle while under the influence of alcohol and who since such date hasnot been convicted of any other alcohol-related driving offense may applyto the court in which he or she pled guilty or was sentenced for an orderto expunge from all official records all recordations of his or her arrest,plea, trial or conviction. If the court determines, after hearing, thatsuch person has not been convicted of any alcohol-related driving offensein the ten years prior to the date of the application for expungement, andhas no other alcohol-related enforcement contacts as defined in section302.525, RSMo, during that ten-year period, the court shall enter an orderof expungement. Upon granting of the order of expungement, the records andfiles maintained in any administrative or court proceeding in an associateor circuit division of the circuit court under this section shall beconfidential and only available to the parties or by order of the court forgood cause shown. The effect of such order shall be to restore such personto the status he or she occupied prior to such arrest, plea or convictionand as if such event had never taken place. No person as to whom suchorder has been entered shall be held thereafter under any provision of anylaw to be guilty of perjury or otherwise giving a false statement by reasonof 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 forany purpose whatsoever and no such inquiry shall be made for informationrelating to an expungement under this section. A person shall only beentitled to one expungement pursuant to this section. Nothing contained inthis section shall prevent the director from maintaining such records as toensure that an individual receives only one expungement pursuant to thissection for the purpose of informing the proper authorities of the contentsof any record maintained pursuant to this section.

2. The provisions of this section shall not apply to any individualwho has been issued a commercial driver's license or is required to possessa commercial driver's license issued by this state or any other state.

(L. 1989 1st Ex. Sess. H.B. 3 § 2, A.L. 2004 S.B. 1233, et al., A.L. 2005 S.B. 422)