Stolen or mistaken identity, expungement of records, procedure
If someone was charged with a crime because another person stole their identity or because of a case of mistaken identity, and the charges were dropped or they were found not guilty, that person can ask the court to expunge (erase) the records of the arrest and charge. The court will erase the records from all government agencies, including driving records, and any fees for fixing licenses are waived. An insurance company that charged extra because of those erased charges has to refund up to three years of extra premiums.
610.145. Stolen or mistaken identity, of s, procedure. — 1. (1) If a person is named in a charge for an or , whether a or a , as a result of another person using the of the named person or as a result of mistaken identity and the charges were dismissed or such person was found not guilty, the named person may apply by or written to the court where the charge was last pending on a form approved by the office of and supplied by the for an to from all any entries relating to the person's , charge, or trial. The court, after providing notice to the , shall hold a on the motion or petition and, upon finding that the person's identity was used without permission and the charges were dismissed or the person was found not guilty, the court shall order the expungement.
(2) If any person is named in a charge for an infraction or offense, whether a misdemeanor or a felony, as a result of another person using the identifying information of the named person or mistaken identity, and the charge against the named person is dismissed, the or other who ordered the dismissal shall provide notice to the court of the dismissal, and the court shall order the expungement of all official records containing any entries relating to the person's apprehension, charge, or trial.
2. No person as to whom such an order has been entered under this section shall be held thereafter under any of law to be guilty of or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of the person's failure to recite or acknowledge any entries concerning apprehension, charge, or trial.
3. The court shall also order that such entries shall be expunged from the records of the court and direct all law agencies, the , the , or any other state or local government agency identified by the , or the person eligible for automatic expungement under (2) of 1 of this section, as bearing record of the same to expunge their records of the entries. The clerk shall notify state and local agencies of the court's order. The costs of expunging the records, as provided in this chapter, shall not be against the person eligible for expungement under this section.
4. The department of revenue shall expunge from its records entries made as a result of the charge or ordered expunged under this section. The department of revenue shall also reverse any taken against a person whose record is expunged under this section as a result of the charges or expunged, including the of the driver's and driver's or . any other provision of this chapter to the contrary, the department of revenue shall provide to the person whose motor vehicle record is expunged under this section a corrected driver history at no cost and shall at no cost any driver's license or as a result of a charge or conviction expunged under this section.
5. The department of corrections and any other applicable state or local government agency shall expunge its records as provided in subsection 3 of this section. The agency shall also reverse any administrative actions taken against a person whose record is expunged under this section as a result of the charges or convictions being expunged. to the contrary, the normal fee for any of a license or resulting under this section shall be .
6. Any insurance company that charged any additional based on insurance against a as a result of a charge or conviction that was expunged under this section shall refund such additional for the three-year period immediately prior to the entry of the expungement by the court to the policyholder upon notification and of the expungement.
7. For purposes of this section, the term "mistaken identity" shall mean the erroneous of a person for an offense as a result of misidentification by a witness or law enforcement, confusion on the part of a witness or law enforcement as to the identity of the person who committed the offense, mis provided to law enforcement as to the identity of the person who committed the offense, or some other mistake on the part of a witness or law enforcement as to the identity of the person who committed the offense.
Tap any gold-underlined word to see what it means.
Source & history notes
(L. 2017 S.B. 34)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.