Supreme Court of Missouri
en banc
December 24, 2019
Effective July 1, 2020
Effective July 1, 2020
In re:
(1) Repeal of the title of Rule 155, entitled "Expungement of Arrest Records," and in lieu thereof adoption of a new title of Rule 155, entitled "Expungement."
(2) Repeal of subdivision 155.01, entitled "Commencement of Expungement Action;" subdivision 155.02, entitled "Filing Fees and Costs;" the heading title and subdivision 155.03, entitled "Hearing and Notice;" the heading title and subdivision 155.04, entitled "Order Directing Expungement;" and the heading title and subdivision 155.05, entitled "Availability of Petition," of Rule 155, entitled "Expungement," and in lieu thereof adoption of a new subdivision 155.01, entitled "Commencement of Expungement Action;" a new subdivision 155.02, entitled "Filing Fees and Costs;" a new heading title and a new subdivision 155.03, entitled "Service;" a new heading title and a new subdivision 155.04, entitled "Notice and Hearing," and a new heading title and a new subdivision 155.05, entitled "Judgment Directing Expungement."
ORDER
1. It is ordered that effective July 1, 2020, the title of Rule 155 be and the same is hereby repealed and a new title of Rule 155 adopted in lieu thereof to read as follows:
155 EXPUNGEMENT
2. It is ordered that effective July 1, 2020, subdivision 155.01, subdivision 155.02, the heading title and subdivision 155.03, the heading title and subdivision 155.04, and the heading title and subdivision 155.05 of Rule 155 be and the same are hereby repealed and a new subdivision 155.01, a new subdivision 155.02, a new heading title and a new subdivision 155.03, a new heading title and a new subdivision 155.04, and a new heading title and a new subdivision 155.05 adopted in lieu thereof to read as follows:
155.01 COMMENCEMENT OF EXPUNGEMENT ACTION
An action to expunge records for a petitioner charged or found guilty of an offense, violation, or infraction is commenced by filing a petition in the circuit court of the county in which the petitioner was charged or found guilty. An action limited to the expungement of an arrest record is commenced by filing a petition in the circuit court of the county in which the petitioner was arrested.
155.02 FILING FEES AND COSTS
The filing fee shall be paid at the time of filing. In all actions for expungement, the court shall assess the costs as part of the judgment. The court shall waive the fees and costs if the petitioner is found to be indigent.
155.03 SERVICE
In all actions to expunge records, service shall be made by methods for obtaining service of process in circuit courts or by mailing a copy of both the summons and the petition to the defendant at the defendant’s last known address by certified mail, return receipt requested, delivery restricted to the addressee.
155.04 NOTICE AND HEARING
(a) In an action to expunge criminal records, the clerk of the court is not required to give further statutory notice of the filing of the petition to the office of the prosecuting attorney, circuit attorney, or municipal prosecuting attorney that prosecuted the offenses, violations, or infractions listed in the petitions if the office of the prosecuting attorney, circuit attorney, or municipal prosecuting attorney is a defendant named in the expungement petition and has been properly served.
(b) In all actions to expunge records, the court shall hold a hearing pursuant to the applicable statute. The court shall send notice of the hearing to each official, agency, or other entity named in the petition.
155.05 JUDGMENT DIRECTING EXPUNGEMENT
If the court finds that the petitioner is entitled to expungement of any record that is the subject of the petition, it shall enter a judgment directing expungement. The court shall send a certified copy of the judgment to each official, agency, or other entity named in the petition.
An action to expunge records for a petitioner charged or found guilty of an offense, violation, or infraction is commenced by filing a petition in the circuit court of the county in which the petitioner was charged or found guilty. An action limited to the expungement of an arrest record is commenced by filing a petition in the circuit court of the county in which the petitioner was arrested.
155.02 FILING FEES AND COSTS
The filing fee shall be paid at the time of filing. In all actions for expungement, the court shall assess the costs as part of the judgment. The court shall waive the fees and costs if the petitioner is found to be indigent.
155.03 SERVICE
In all actions to expunge records, service shall be made by methods for obtaining service of process in circuit courts or by mailing a copy of both the summons and the petition to the defendant at the defendant’s last known address by certified mail, return receipt requested, delivery restricted to the addressee.
155.04 NOTICE AND HEARING
(a) In an action to expunge criminal records, the clerk of the court is not required to give further statutory notice of the filing of the petition to the office of the prosecuting attorney, circuit attorney, or municipal prosecuting attorney that prosecuted the offenses, violations, or infractions listed in the petitions if the office of the prosecuting attorney, circuit attorney, or municipal prosecuting attorney is a defendant named in the expungement petition and has been properly served.
(b) In all actions to expunge records, the court shall hold a hearing pursuant to the applicable statute. The court shall send notice of the hearing to each official, agency, or other entity named in the petition.
155.05 JUDGMENT DIRECTING EXPUNGEMENT
If the court finds that the petitioner is entitled to expungement of any record that is the subject of the petition, it shall enter a judgment directing expungement. The court shall send a certified copy of the judgment to each official, agency, or other entity named in the petition.
3. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
4. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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GEORGE W. DRAPER III
Chief Justice
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GEORGE W. DRAPER III
Chief Justice