311.326. Expungement of record permitted, when. - Missouri Statutes

State Codes and Statutes

Statutes > Missouri > T20 > C311 > 311_326

Expungement of record permitted, when.

311.326. After a period of not less than one year after reaching theage of twenty-one a person who has pleaded guilty to or has been foundguilty of violating section 311.325 for the first time, and who since suchconviction has not been convicted of any other alcohol-related offense, mayapply to the court in which he or she was sentenced for an order to expungeall official records of his or her arrest, plea, trial and conviction. Norecords shall be expunged if the person who has pleaded* guilty to or hasbeen found guilty of violating section 311.325 is licensed as a commercialmotor vehicle driver or was operating a commercial motor vehicle as definedin section 302.700, RSMo, at the time of the violation. If the courtdetermines, upon review, that such person has not been convicted of anyother alcohol-related offense at the time of the application forexpungement, and the person has had no other alcohol-related enforcementcontacts, as defined in section 302.525, RSMo, the court shall enter anorder of expungement. The effect of such an order shall be to restore suchperson to the status he or she occupied prior to such arrest, plea orconviction, as if such event had never happened. No person as to whom suchorder has been entered shall be held thereafter under any provision of anylaw to be guilty of perjury or otherwise giving a false statement by reasonof his or her failure to recite or acknowledge such arrest, plea, trial,conviction or expungement in response to any inquiry made of him or her forany purpose whatsoever. A person shall be entitled to only one expungementpursuant to this section. Nothing contained in this section shall preventcourts or other state officials from maintaining such records as arenecessary to ensure that an individual receives only one expungementpursuant to this section.

(L. 2005 S.B. 402, A.L. 2009 H.B. 62 merged with H.B. 683, A.L. 2009 H.B. 62 merged with H.B. 683)
*Word "plead" appears in original rolls.

State Codes and Statutes

Statutes > Missouri > T20 > C311 > 311_326

Expungement of record permitted, when.

311.326. After a period of not less than one year after reaching theage of twenty-one a person who has pleaded guilty to or has been foundguilty of violating section 311.325 for the first time, and who since suchconviction has not been convicted of any other alcohol-related offense, mayapply to the court in which he or she was sentenced for an order to expungeall official records of his or her arrest, plea, trial and conviction. Norecords shall be expunged if the person who has pleaded* guilty to or hasbeen found guilty of violating section 311.325 is licensed as a commercialmotor vehicle driver or was operating a commercial motor vehicle as definedin section 302.700, RSMo, at the time of the violation. If the courtdetermines, upon review, that such person has not been convicted of anyother alcohol-related offense at the time of the application forexpungement, and the person has had no other alcohol-related enforcementcontacts, as defined in section 302.525, RSMo, the court shall enter anorder of expungement. The effect of such an order shall be to restore suchperson to the status he or she occupied prior to such arrest, plea orconviction, as if such event had never happened. No person as to whom suchorder has been entered shall be held thereafter under any provision of anylaw to be guilty of perjury or otherwise giving a false statement by reasonof his or her failure to recite or acknowledge such arrest, plea, trial,conviction or expungement in response to any inquiry made of him or her forany purpose whatsoever. A person shall be entitled to only one expungementpursuant to this section. Nothing contained in this section shall preventcourts or other state officials from maintaining such records as arenecessary to ensure that an individual receives only one expungementpursuant to this section.

(L. 2005 S.B. 402, A.L. 2009 H.B. 62 merged with H.B. 683, A.L. 2009 H.B. 62 merged with H.B. 683)
*Word "plead" appears in original rolls.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Missouri > T20 > C311 > 311_326

Expungement of record permitted, when.

311.326. After a period of not less than one year after reaching theage of twenty-one a person who has pleaded guilty to or has been foundguilty of violating section 311.325 for the first time, and who since suchconviction has not been convicted of any other alcohol-related offense, mayapply to the court in which he or she was sentenced for an order to expungeall official records of his or her arrest, plea, trial and conviction. Norecords shall be expunged if the person who has pleaded* guilty to or hasbeen found guilty of violating section 311.325 is licensed as a commercialmotor vehicle driver or was operating a commercial motor vehicle as definedin section 302.700, RSMo, at the time of the violation. If the courtdetermines, upon review, that such person has not been convicted of anyother alcohol-related offense at the time of the application forexpungement, and the person has had no other alcohol-related enforcementcontacts, as defined in section 302.525, RSMo, the court shall enter anorder of expungement. The effect of such an order shall be to restore suchperson to the status he or she occupied prior to such arrest, plea orconviction, as if such event had never happened. No person as to whom suchorder has been entered shall be held thereafter under any provision of anylaw to be guilty of perjury or otherwise giving a false statement by reasonof his or her failure to recite or acknowledge such arrest, plea, trial,conviction or expungement in response to any inquiry made of him or her forany purpose whatsoever. A person shall be entitled to only one expungementpursuant to this section. Nothing contained in this section shall preventcourts or other state officials from maintaining such records as arenecessary to ensure that an individual receives only one expungementpursuant to this section.

(L. 2005 S.B. 402, A.L. 2009 H.B. 62 merged with H.B. 683, A.L. 2009 H.B. 62 merged with H.B. 683)
*Word "plead" appears in original rolls.