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

MISSOURI STATUTES AND CODES

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

Procedure to expunge, supreme court to promulgate rules--similar tosmall claims.

610.123. 1. Any person who wishes to have a record of arrestexpunged pursuant to section 610.122 may file a verified petition forexpungement in the civil division of the circuit court in the county of thearrest as provided in subsection 4 of this section. The petition shallinclude the following information or shall be dismissed if the informationis not given:

(1) The petitioner's:

(a) Full name;

(b) Sex;

(d) Date of birth;

(e) Driver's license number;

(f) Social Security number; and

(g) Address at the time of the arrest;

(2) The offense charged against the petitioner;

(3) The date the petitioner was arrested;

(4) The name of the county where the petitioner was arrested and ifthe arrest occurred in a municipality, the name of the municipality;

(5) The name of the agency that arrested the petitioner;

(6) The case number and court of the offense;

(7) Petitioner's fingerprints on a standard fingerprint card at thetime of filing a petition to expunge a record that will be forwarded to thecentral repository for the sole purpose of positively identifying thepetitioner.

2. The petition shall name as defendants all law enforcementagencies, courts, prosecuting attorneys, central state depositories ofcriminal records or others who the petitioner has reason to believe maypossess the records subject to expungement. The court's order shall notaffect any person or entity not named as a defendant in the action.

3. The court shall set a hearing on the matter no sooner than thirtydays from the filing of the petition and shall give reasonable notice ofthe hearing to each official or agency or other entity named in thepetition.

4. If the court finds that the petitioner is entitled to expungementof any record that is the subject of the petition, it shall enter an orderdirecting expungement. Upon granting of the order of expungement, therecords and files maintained in any administrative or court proceeding inan associate or circuit division of the circuit court under this sectionshall be confidential and only available to the parties or by order of thecourt for good cause shown. A copy of the order shall be provided to eachagency identified in the petition pursuant to subsection 2 of this section.

5. The supreme court shall promulgate rules establishing proceduresfor the handling of cases filed pursuant to the provisions of this sectionand section 610.122. Such procedures shall be similar to the proceduresestablished in chapter 482, RSMo, for the handling of small claims.