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A law that goes into effect in 2025 is empowering residents of Missouri to get certain types of criminal records expunged.

Expungement Opportunities

Missouri House Bill 352 (HB352), which was passed in 2023, will empower residents to have up to five misdemeanors and three felonies expunged from their records without filing a petition. This is an increase from the previous rule of two felonies and three misdemeanors.

When records are eligible, the Office of State Courts Administrator (OSCA) will submit them to a Central Repository. Assuming there are no objections to the expungement decision within 30 days, the records will be transferred to the presiding judges in each circuit court within 15 days. Those courts will then place the final expungement orders.

Clear My Record Missouri

An organization known as Clear My Record Missouri (CMRM) offers expungement clinics with free legal advice on how to get criminal records expunged. Since not everyone is eligible for automatic expunction, this can help augment the state’s efforts to provide second chances.

CMRM maintains a website which features a variety of useful resources, including a list of offenses that are or are not eligible for expunction. Their sites also notes that if a person has multiple convictions which stemmed from the same incident, then those might be able to be counted as a single record. However, there are scenarios in which that is not a possibility.

Some Offenses Cannot Be Expunged

HB352 is intended to help people clear their record so they can re-enter society and find employment, housing and other needs. Certain types of offenses are considered serious enough that they will not qualify for expungement. Examples include:

• Most violent crimes.
• Arson.
• First degree burglary.
• Federal offenses.
• Sexual offenses.

What Employers Should Know

Employers in Missouri should be aware that residents could soon have various criminal records expunged. When that happens, hiring managers may not consider those records or use them to help make employment or other decisions about consumers. A person who has a record expunged is empowered to act as if it never occurred.

HB352 includes a protective statement for organizations who hire individuals that have expunged records. It says the employer will be immune from liability for claims that are related to misconduct which is relevant to the convictions the person previously held.

Every employer should be aware that when records are expunged, they may no longer review them as part of their hiring process. One great way to accomplish this is to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). To earn accreditation, CRAs must undergo a thorough third-party audit and demonstrate that they follow reasonable procedures to only provide current, reportable records in the reports they produce.

Running Background Checks

While Second Chance laws are becoming more common, employers everywhere continue to be strongly encouraged to run comprehensive background checks. A background report can help hiring managers understand whether someone is genuinely qualified or if they have a serious criminal record which might indicate they pose an undue risk.

If your organization is in need of employment background checks, please contact us. Our friendly, experienced team can help you customize screening packages that meet your specific needs, comply with relevant laws and match industry standards. Based in California, we are available to assist you Monday through Friday from 5am to 6pm PT.