Currently, in a criminal prosecution for murder in the first
degree, the court must instruct the jury that, in the event it
cannot reach a consensus on punishment, the court may assess
punishment, including death. This act repeals that provision
and provides a procedure for when a jury cannot reach a unanimous
decision on punishment.
This act also establishes an automatic record-clearing or
expungement process for closing records pertaining to a "clean
slate eligible offense", which is an offense not excluded from
the eligibility for expungement. This process will be phased in
and an individual can be granted more than one expungement under
this act, subject to certain requirements.
This act also provides that, on a quarterly basis, the Highway Patrol must identify records that have become eligible in the last quarter and make these records accessible to the central
repository and every prosecuting agency in the State within 100
days of the record becoming eligible for automated expungement.
If a court finds, after a motion, a conviction was improperly or
erroneously expunged under this provision, the court must
reinstate the conviction.
The act provides that a credit bureau can report records of
arrests, indictments pending trial, and convictions for no more
than seven years from the date of final disposition. A credit
bureau can no longer report these records if at any time after
conviction, indictment, or arrest it is learned that a full
pardon or expungement has been granted for the conviction.
This act creates in the State Treasury the "Missouri Expungement Fund", which is a fund dedicated to the creation, operation, and maintenance of the program. OSCA, the Department of Public Safety, and the Information Technology Services Division within the Office of Administration will expend money from the Fund, upon appropriation.
This act is identical to HB 2747 & 2047 (2026).
TRISTAN BENSON, JR.