Missouri Clean Slate Summary

Legislation  

To date, Missouri has not passed “traditional” Clean Slate legislation that allows for automated, state-initiated sealings.

Its current law supports three methods of records relief: a state-initiated method of restricting access to criminal records following an automatic eligibility determination (Mo. Rev. Stat. § 610.120), and two methods of “expunging” criminal records by petition (Mo. Rev. Stat. § 610.124; Mo. Rev. Stat. § 610.123, and Mo. Rev. Stat. § 610.140). One expungement method restricts public access, while the second authorizes record destruction. To avoid confusion, the petition-based expungement process that limits access is referred to herein as expunged, while the petition-based process that results in record destruction is referred to as expunged-destroyed. 

An amendment to the Missouri Constitution legalized marijuana in certain instances, while authorizing court initiated expungements in the form of vacating certain marijuana related convictions and sentences (effective December 8, 2022).  A component also authorizes any person currently incarcerated the ability to petition the sentencing court to vacate the sentence and order immediate release from incarceration and supervision.  As a result, the Central Repository requested a new decision item for funds towards an expungement processing unit during the 2024 legislative session, which was approved.  This unit is in the process of being established.  

Eligibility Criteria:  

The automatic closure of arrest and conviction records is allowed in two situations: 

1.  If the case results in an outcome favorable to the defendant (e.g., the case is dismissed, prosecution is not pursued [nolle prosequi], or the defendant is found not guilty) or the defendant receives a Suspended Imposition of Sentence (SIS) or 
2. If the individual is arrested but not charged within 30 days. In this latter case, the record may be reopened if charges are subsequently filed. 

There are two forms of petition-based record expungement under Missouri law: 

1. For a limited set of circumstances, the record can be ordered to be destroyed.  
2. All other forms of expungement records must be retained but limit or restrict access by the public. This second form of expungement allows access to records for law enforcement and statutorily defined non-criminal justice purposes. 

Initially, a person was able to expunge a single felony and two misdemeanors involving a term of imprisonment, regardless of the court in which the expungement is sought. Changes in legislation during the 2024 legislative session authorize up to two felony offenses (increased from one) and up to three misdemeanor offenses (increased from two), effective January 1, 2025. Missouri has no restrictions on the number of expungements that may be received for infractions. A person seeking an expungement for an alcohol-related conviction is eligible for only one expungement for this offense. 

Agencies Involved:

• Missouri Courts 
• Missouri State Highway Patrol (MSHP)

Status: Clean Slate legislation has not yet passed 

Approach (current Automated Process):  

• MSHP has established an automated process to fulfill the automatic record closure requirements. All criminal history records are initially considered “open.” Records are marked “closed” when the automated system detects that the requisite conditions are met, so open records are closed through the normal course of business. The most common occurrence for the automatic closure of arrest records is for arrests that do not move forward in the adjudication process 30 days after arrest. 

• Given its automated nature, neither the record holder nor any other agencies are alerted to a record’s closure or its inverse, i.e., that a closed record has been re-opened and its level of access changes.  

• No fees are associated with automatic closures (or when closed records are re-opened).  

Notifications 

A copy of the expungement order is provided to all named parties, and each entity closes or restricts public access to those records.  The central repository will also request that the FBI expunge the records from its files.

Records custodians are not required to notify individuals of compliance. Individuals may confirm that their record(s) have been expunged by conducting a criminal records background check to confirm compliance by the criminal history repository and by contacting the other records custodians directly.