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Municipal Clerk Manual – Courts with JIS
Section/Rule:
3.10
Subject:
Chapter 3 - Citation Case Processing Procedures
Publication / Adopted Date:
August 2017
Topic:
Expungement of Mistaken Identity Records
Revised / Effective Date:
Municipal Clerk Handbook
Chapter 3 – Citation Case Processing Procedures
Courts with JIS
3.10 – Expungement of Mistaken Identity Records
References
Statutes:
479.020
and
610.145
, RSMo
Supreme Court Rules (SCR):
43.02(b)
Court Operating Rules (COR):
8.01
,
8.02
,
8.03
,
8.04
, and
Addendum
Publication: August 2017
Individuals 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 petition or 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, will 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. If the court enters an order of expungement, all entries relating to the person’s apprehension, charge, or trial would be expunged and the individual would no longer be required to acknowledge under any circumstances the arrest or conviction had ever occurred. The costs of expunging the records shall not be taxed against the person eligible for expungement.
Petitions for expungement of arrest records must be filed in the circuit court in which the municipal division is located. Municipal judges have original jurisdiction to hear and determine all violations against the ordinances of the municipality. Municipal judges do not have jurisdiction over expungement of records however the Municipal Courts will receive the Order to expunge the records. See
Bright v Mollenkamp,
482 S.W.3d, 467 (Mo.App.E.D.2016).
Clerks Duties Procedures:
REMINDER:
For courts using the Document Management System (DMS), while on the appropriate docket code, access the Document Management Window to attach the document(s).
(See Document Management System (DMS): Procedures: DMS Link to Scan from Work Station or Procedures: Scan and Then Link to the DMS in GOLD.)
Clerks Accepting Paper Filings and Courts Accepting eFiled Documents
Order for Expungement Received from Circuit Court
1.
CDADOCT - Custom Docket Association Entry
(See Procedures Docket Entry in GOLD)
1.1 Locate all docket entries referencing the defendant's name in text and delete.
1.2 Use the following docket code to seal the case file:
§
OSEAL - Order to Seal Case file.
Note
: Using the OSEAL docket code automatically raises the security level to 5, however, expunged criminal cases are maintained at a security level 9 and the accompanying civil case(s) should be maintained at a security level 5. Entry of the OSEAL docket code opens the CDADOCT Docket Security child window. This allows clerks to view the default security level driven by the OSEAL and gives the option to change/override.
2.
CDACASU - Custom Case Information Update
(See Procedures: Updating Case Information in GOLD)
2.1 In the Description field;
remove the case description and replace with the description “EXPUNGED.”
2.2 Verify the security level is a “9” to further increase the security level of the case.
2.3 Check the SEALED indicator.
·
Enter appropriate text in the REASON field.
3. Expunge all court records relating to the case as ordered by the court. If criminal files are retained, place them in a separate confidential section with other expunged cases.
4. File with disposed confidential cases.