The question was answered in the Southern District case when they concluded that the waiting periods were mandatory. Convictions for property damage in the 1st degree, stealing, possession of a forging instrumentality, and fraudulent use of a credit or debit device are now eligible for expungement provided other requirements applicable to all expungement petitions are met. The new law answers a major criticism of the initial expungement law that prohibited expungement of stealing and stealing related convictions.
Under the old law, 2nd-degree burglary could be expunged but stealing could not, even though the object of most burglaries is stealing. Lawmakers ultimately chose to level the playing field by making non-violent stealing crimes eligible for expungement.
Senate Bill now makes expungement in Missouri available for many with an old criminal conviction. It went into effect on January 1, and many Missourians for the first time will have the opportunity to finally shed themselves of prior convictions. The law was recently updated by Governor Mike Parsons on July 9, , adding additional non-violent crimes to the list of offenses eligible for expungement.
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Attorneys litigating expungement cases expect that the law, which goes into effect in late August, will produce a new spate of filings from those who have misdemeanor and felony convictions for stealing and other stealing related crimes. Petitions for expungement may be filed in any Missouri court in which such person was charged or found guilty. Convictions that cannot be expunged are i Class A felony offenses; ii dangerous felonies as defined in section Also excluded from expungement are intoxication-related offenses.
First time DWI offenders can still seek expungement in Missouri after 10 years without additional alcohol-related convictions under section The clerk of the court must give notice to the prosecuting attorney, circuit attorney or municipal court prosecuting of the appropriate court when a petition for expungement in Missouri has been filed.
Once notified, the prosecuting authority has thirty days to object to the expungement. If a law mandates the employer to not hire convicted offenders the applicant must answer that they have been convicted of a crime. A close reading of the Missouri expungement legislation Senate Bill reveals that there are still many impediments to expungement but for crimes against property and drug crimes there is hope. Likewise, to those unfamiliar with the process, there are pitfalls that can discourage applicants. Obviously, the process is defined by law and who better to understand and negotiate its provisions than a lawyer.
We anticipate there will be a high demand for this service and have already begun studying the law to best see how we can take advantage of its provisions for clients.
If you have questions about whether your criminal conviction is eligible for expungement, the process, or would simply like an experienced trial attorney to handle it all for you, contact us. For at least the past four decades there have been no good answers for those seeking to expunge criminal convictions.
Attorneys in Missouri, except in very limited circumstances, had very little to offer offenders who wanted to expunge a criminal conviction.
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Perhaps more than any other area of inquiry our attorneys receive, people want to know if they can expunge misdemeanor or felony convictions. Oftentimes, the calls come from individuals who have been disqualified from employment or from people who are just seeking to restore their own sense of dignity and worth. B and C misdemeanors along with first-time DWI convictions after 10 years of good behavior also qualify. Currently, section Because actual convictions can be expunged under the new law it seems probable that the qualifying list of arrests that can be expunged will be expanded.
Hopefully, the Missouri Legislature will sort out those concerns in future legislation.
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To repeal sections Be it enacted by the General Assembly of the State of Missouri, as follows:. Section A.
Sections There shall be assessed as costs a surcharge in the amount of [ one ] two hundred fifty dollars on all petitions for expungement filed under the provisions of section The judge may waive the surcharge if the petitioner is found by the judge to be indigent and unable to pay the costs. Work at the Health and Wellness Center, Physical Therapy Clinic, or Speech, Language and Hearing Clinic in any position having access to protected health information, whether via medical records, billing records, or otherwise.
Conducting criminal background checks Criminal background checks will be conducted and managed by the Office of Human Resources. This individual will request the applicant, employee or select volunteer identified by the administration to complete the appropriate release form s , submit required information to the background check vendor to conduct the background check, maintain the background check reports for the personnel file, and report results of background checks as required by policy.
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A key component of this role involves keeping information confidential except on a need-to-know basis. Steps for Completing Check for New Hires — For new hires, the Office of Human Resources will process background checks for all full-time positions and for promotions, transfers, part-time positions and select volunteers identified by the administration considered sensitive according to the background check policy.
BCC will request that the finalist which may include an individual to whom a contingent employment offer has been made, consistent with Section I. The BCC will tell the finalist he or she is "a" finalist.
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The BCC will not tell the finalist he or she is "the" top candidate or that he or she will be offered the position. Process for Completing Check for Existing Employees — Requests to obtain a background check on an existing employee shall be made to the Office of Human Resources by the President, Vice President, Provost, Chief Financial Officer, Chancellor, or other responsible major administrator who supervises the position.
The following are standards for conducting the checks. Minimum Criminal Background Check will require a check done by the chosen University vendor. This check will provide information on misdemeanor and felony convictions and sexual offender registry in the state of Missouri on every finalist. A driver's check or other specific checks will be conducted if required for the position.
Out of State Checks should be done for the last seven years if the final candidate has an employment history outside of Missouri or has lived outside the state. International Checks shall be conducted on non-United States citizens who have been in the United States for less than 7 years.
Housing For Felons: How to Get a Section 8 Voucher with a Felony
University may rely on the FBI checks conducted during the Visa process for international criminal history. Credit Report Checks may be conducted due to the nature of a particular position. Consistent with the Red Flag Regulation of the Fair Credit Reporting Act FCRA , the University will notify the background check vendor if the address of the applicant is different from that returned on the credit check report. The background check vendor will then notify the credit bureau company of the applicant's correct address, as required by the FCRA.
Making Hiring Decisions Regarding Applicants Relevant criminal background information will be limited to felony convictions, sexual offenses, and driving while intoxicated, except where other misdemeanor convictions may be significant in the sole discretion of the University. If the criminal record check indicates there are no convictions, the vendor shall inform the Office of Human Resources who in turn shall inform the President, Vice President, Provost, Chief Financial Officer, Chancellor or other responsible major administrator and the hiring department that the candidate is viable for employment.
If the criminal record check indicates there are convictions, the vendor shall inform the Office of Human Resources. Human Resources shall notify the Office of General Counsel and shall follow the adverse action procedures. HR shall review the report and shall evaluate each conviction, including any additional information that the individual provides before the offer of employment is confirmed or withdrawn. The existence of a conviction does not automatically disqualify an individual from employment.
Any decision to accept or reject an individual with a conviction is solely at the discretion of the University.
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Making Disciplinary Decisions Regarding Existing Employees If the criminal record check indicates there are no convictions, the vendor shall inform the Office of Human Resources, who in turn shall inform the President, Vice President, Provost, Chief Financial Officer, Chancellor or other responsible major administrator and the supervising department that the employee has no convictions.
The employee may be subject to progressive discipline up to and including termination from employment, unless the individual proves that the report is in error. The decision to discipline or terminate an individual with a conviction is solely at the discretion of the University. Adverse Action Procedures Before the University takes any adverse action based in whole or in part on the results of the criminal background check, Human Resources must give the individual a pre-adverse action disclosure pre-adverse letter. After notice to the individual, the University must wait five 5 business days before taking any adverse action in order to give the applicant an opportunity to refute the information.
After the University takes an adverse action, it must give the individual notice post-adverse letter. Keeping Records — Records gathered as a result of a criminal background check will be kept by the Office of Human Resources. These records will include: The records will be securely maintained during the duration of employment and in accordance with state retention policy. University shall provide for proper disposal of records pursuant to applicable federal law. Authorization Form Information collected from the check Analysis and decision regarding any convictions Correspondence related to criminal background check V.
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