Municipal Clerk Manual – Courts without JIS - Chapter 3 - Citation Case Processing Procedures: Expungement of Intoxication-Related Driving or Boating Records

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Municipal Clerk Manual – Courts without JIS

		Section/Rule:	3.9
Subject:	Chapter 3 - Citation Case Processing Procedures	Publication / Adopted Date:	August 2000
Topic:	Expungement of Intoxication-Related Driving or Boating Records	Revised / Effective Date:	January 2018

Municipal Clerk Manual
Courts without JIS
Chapter Three - Citation Case Processing Procedures

3.9 – Expungement of Intoxication-Related Driving or Boating Records

References
Statutes: 302.700, 311.325, 311.326, 479.020, 610.130, and 610.140, RSMo
Supreme Court Rules: 43.02(b)
Court Operating Rules: 8.01, 8.02, 8.03, 8.04, and Addendum
Published: August 2000
Revised: January 2018

In specific situations, individuals may qualify to have all arrest, plea, trial, and conviction records concerning their first intoxication-related traffic offense, such as a BAC or DWI, or intoxication-related boating offense expunged pursuant to section 311.326 and 610.130, RSMo. The effect of this action, if the court enters an order of expungement, is the individual would no longer be required to acknowledge under any circumstances the arrest or conviction had ever occurred.

Before a record may be expunged, the individual must make application to the court where the plea was entered or sentencing occurred, and a hearing must be held. An individual is only entitled to one expungement under this law; the Department of Revenue maintains records of those who have had an intoxication-related driving record expunged. The Department of Revenue will only release information in terms of the names of those who have had a record expunged to the prosecutor or the court upon written request.

Applications 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. See Bright v Mollenkamp, 482 S.W.3d, 467 (Mo .App. E.D. 2016).

Clerk’s Duties/Procedures

Order for Expungement Received from Circuit Court

Ideally all records ordered to be expunged shall be destroyed. Minimally, expungement involves blacking out the name, address and any other identifying information on all court records, including the order of expungement after it has been mailed to the parties. File with disposed confidential cases.