New Missouri law in 2018 changes the minimum wage rate, adoption rights and the ability to seal criminal convictions. This post will highlight these high profile changes.

New Missouri law Raises Minimum Wage

For 2017, the minimum wage in Missouri was $7.70 an hour. Effective January 1, 2018, new Missouri law increases the minimum wage by 15 cents to $7.85 an hour. The federal minimum wage is $7.25 an hour, so eligible Missouri employees are paid a minimum of 60 cents an hour more than federal law requires.  The federal minimum wage rate has not changed since July, 2009. The Missouri minimum wage has increased a total of 50 cents an hour since 2013.

New Missouri law Allows Access to Original Birth Certificates for Adoptees

Starting on January 1 adoptees in Missouri born after 1941 can request an uncertified copy of their original birth certificate. Former Missouri Governor Jeremiah (Jay) Nixon signed House Bill 1599 on July 1, 2016. The new Missouri law, which went into effect on January 1, 2018, allows an adult adoptee or the adoptee’s attorney to request an uncertified copy of the adoptee’s original (prior to adoption) birth certificate. To make a request, an adoptee is required to complete the Application for Non-Certified Copy of an Original Birth Certificate form and pay a non-refundable $15 fee. It is anticipated that the State will need at least 6 weeks from the date the application is received to research and mail out the original birth certificate. The law does limit access to the original birth certificate.  If a birth parent does not want to be identified, he or she can contact the state registrar to have that information redacted from the original birth certificate.

Copies of the Original Birth Certificate Can be Obtained

The State will issue a non-certified, unredacted copy of the original birth certificate stamped “For genealogical purposes only—not to be used for establishing identity” if:

• The original birth certificate lists two (2) parents and neither birth parent has filed a Birth Parent Contact Preference Form;
• The original birth certificate lists two (2) parents and both birth parents have filed a Birth Parent Contact Preference Form indicating that he/she prefers to be contacted;
• The original birth certificate lists two (2) parents and one (1) parent has filed a Birth Parent Contact Preference Form indicating that he/she prefers to be contacted and the other parent has not filed a Birth Parent Contact Preference Form;
• The original birth certificate only lists one (1) parent and that parent has filed a Birth Parent Contact Preference Form indicating that he/she prefers to be contacted; or
• The original birth certificate only lists one (1) parent and that parent has not filed a Birth Parent Contact Preference Form.

New Missouri law Allows Some Criminal Convictions to be Sealed

Also starting January 1, 2018, new Missouri law allows Missourians to petition the court to have some felony and misdemeanor convictions expunged from your record.  The new law, which broadens the list of convictions that can be expunged, will help more people previously convicted of nonviolent, low-level offenses. The new law does this by sealing the public record.

Offenses not eligible for sealing include: Class A Felonies, dangerous felonies (Section 556.061), offenses that require registration as a sex offender, felonies that include death as an element of the offense, felony assaults, misdemeanor or felony domestic assault, felony kidnapping, and a number of other offenses (as listed in Section 610.140.2(6)). Traffic convictions committed by those holding a commercial driver’s license are also ineligible for expungement.

You may expunge two (2) misdemeanors or one (1) felony during your lifetime.

Process to Obtain an Expungement

To expunge a conviction, you must file a petition in the Missouri county where the conviction occurred. Once the petition is filed, Section 610.140.5 RSMo., provides that the court may hear evidence and may seal the public records. The court must be satisfied that it has been at least seven years for a felony offense and three years for a misdemeanor from the date the petitioner completed any authorized disposition imposed under §557.011 RSMo. Evidence of good character, payment of restitution and fines may also be considered.

For those who succeed in getting a conviction sealed, you may not have to report the conviction. With certain exceptions, after expungement, you do not have to state that you have been convicted.  The new law still requires disclosure of a conviction under certain circumstances. These include when applying for professional licensing. If a profession requires a license, certificate, or permit issued by Missouri, the conviction must still be disclosed. A conviction must also be disclosed if the individual is applying for employment in certain areas. These jobs include: emergency services providers; law enforcement agencies; banks or credit unions; the insurance industry; and any job where the employer is required to exclude applicants with criminal convictions from employment due to federal or state law.

Our goal is to help clients be successful in their business endeavors. If you own a business, or plan to start a business, the business law attorneys at Kennedy, Kennedy, Robbins & Yarbro, LC can help. If you have questions regarding adoption law or about the new expungement opportunities in Missouri, contact us or call us at (573)686-2459. We are here for you when you need us.