Rule 155 | Expungement

First Adopted: August 19, 1994

Most Recently Effective: July 01, 1995

Rule 155 | Miscellaneous Actions | Expungement

155.00 | [REPEALED] Forms for Expungement of Arrest Records

Forms for Expungement


Notice of Hearing on Expungement

Petition for Expungement

Order of Expungement

First Adopted: March 21, 1995

Most Recently Effective:

Rule 155 | Miscellaneous Actions | Expungement

155.00-155a | [REPEALED] Notice of Hearing on Expungement

NOTICE OF HEARING ON EXPUNGEMENT


IN THE CIRCUIT COURT OF ______________ COUNTY, MISSOURI

______________________________________________________________________________
DIVISION COURT ORI NUMBER CASE NUMBER
[ ] CIRCUIT/NO. _________
[ ] ASSOCIATE/NO. ___________
______________________________________________________________________________

IN RE: EXPUNGEMENT OF

__________________________________________________________,
(DATE FILE STAMP)

______________________________________________________________________________
DATE/TIME OF HEARING LOCATION OF HEARING

______________________________________________________________________________
NOTICE OF HEARING ON EXPUNGEMENT
______________________________________________________________________________


Pursuant to § 610.123.1, RSMo, the above named petitioner has filed an action in this court to have the arrest records specified in the attached petition expunged as provided by § 610.124, RSMo.

As an agency, official or other entity named in the petition, you are notified that a hearing will be held at the above location, date, and time, to determine if the petitioner is entitled to expungement of the arrest records specified in the petition.


___________________________________ ___________________________________
date clerk

cc: Petitioner

First Adopted: March 21, 1995

Most Recently Effective: July 01, 2006

Rule 155 | Miscellaneous Actions | Expungement

155.00-155b | [REPEALED] Petition for Expungement of Arrest Records

PETITION FOR EXPUNGEMENT OF ARREST RECORDS

[REPEALED]

Repealed by Order dated December 20, 2005, effective July 1, 2006.

A correct version of this form can be found at https://www.courts.mo.gov and following the link to “Court Forms.”

(Repealed December 20, 2005, effective July 1, 2006.)

First Adopted: March 21, 1995

Most Recently Effective:

Rule 155 | Miscellaneous Actions | Expungement

155.00-155c | [REPEALED] Order of Expungement

ORDER OF EXPUNGEMENT

IN THE CIRCUIT COURT OF ____________ COUNTY, MISSOURI
______________________________________________________________________________
DIVISION COURT ORI NUMBER CASE NUMBER
[ ] CIRCUIT/NO. ______
[ ] ASSOCIATE/NO. ____
______________________________________________________________________________
IN RE: EXPUNGEMENT RELATED TO:
CRIMINAL CASE # ___________________________________
ARREST CITATION # _________________________________

(DATE FILE STAMP)

______________________________________________________________________________
ORDER OF EXPUNGEMENT

______________________________________________________________________________

Pursuant to Section 610.123.3, RSMo, the court finds the petitioner in the above titled cause is entitled to expungement of the arrest records specified in the petition bringing this action and recorded pursuant to Section 43.503, RSMo.

The court orders each agency identified in the attached petition to expunge the arrest records specified in the petition in the manner provided in Section 610.124, RSMo. :

The court finds that the arrest of the petitioner in the case recorded pursuant to Section 43.503, RSMo, identified above was based on false information, that there is no probable cause at the time of the action to expunge to believe that the individual committed the offense, that no charges will be pursued as a result of the arrest, that the petitioner/subject of the arrest has no prior felony conviction, and that an action to expunge the records of the arrest was commenced within three years from the date of the arrest or if criminal charges were filed, within three years from the date of any dismissal or reversal.

THEREFORE, pursuant to Section 610.123.3, RSMO, the court orders each agency identified in the petition to expunge the arrest records of the petitioner specified above.


SO ORDERED,



____________________________________ ____________________________________
DATE JUDGE



______________________________________________________________________________


(Adopted March 21, 1995.)

First Adopted: August 19, 1994

Most Recently Effective: July 01, 2020

Rule 155 | Miscellaneous Actions | Expungement

155.01 | Commencement of Expungement Action

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.
(Adopted Aug. 19, 1994, eff. July 1, 1995. Amended Dec. 24, 2019, eff. July 1, 2020.)

First Adopted: August 19, 1994

Most Recently Effective: July 01, 2020

Rule 155 | Miscellaneous Actions | Expungement

155.02 | Filing Fees and Costs

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.
(Adopted Aug. 19, 1994, eff. July 1, 1995. Amended Dec. 24, 2019, eff. July 1, 2020.)

First Adopted: January 01, 2019

Most Recently Effective: July 01, 2020

Rule 155 | Miscellaneous Actions | Expungement

155.03 | Service

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.
(Adopted Dec. 24, 2019, eff. July 1, 2020.)

First Adopted: August 19, 1994

Most Recently Effective: July 01, 2020

Rule 155 | Miscellaneous Actions | Expungement

155.04 | Notice and Hearing

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.
(Adopted Aug. 19, 1994, eff. July 1, 1995. Amended Dec. 24, 2019, eff. July 1, 2020.)

First Adopted: August 19, 1994

Most Recently Effective: July 01, 2020

Rule 155 | Miscellaneous Actions | Expungement

155.05 | Judgment Directing Expungement

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.
(Adopted Aug. 19, 1994, eff. July 1, 1995. Amended Dec. 24, 2019, July 1, 2020.)