Council unanimously passes MIP amendment

Minors can expunge first offense from their record.

By Mary Daly and Ryan Schmitz

Published Nov. 18, 2008

The Columbia City Council voted unanimously Monday night to allow alcohol-related offenses by minors to be removed from records.

"I would dare say that there are relatively few of us who did not commit this offense when we were under 21, and it shouldn't be something that haunts that individual for the rest of their days," local attorney Dan Viets said.

Chapter 4 of the city code states that any person younger than 21 years old who purchases or attempts to purchase alcohol or who is in an intoxicated state is guilty of a misdemeanor.

The amended section of the ordinance allows a person who has been convicted of an alcohol-related offense to apply for the court to wipe the violation from records after one year or upon reaching the age of 21, whichever occurs first. This may be done on the condition that the person has not had any other alcohol-related convictions within that time.

"The effect of such an order shall be to restore such person to the status the person occupied prior to such arrest, plea or conviction, as if such event had never happened," the amended section states.

Sixth Ward Councilwoman Barbara Hoppe emphasized the importance that an alcohol violation could only be wiped from a record once.

"The fact that you can't have an expungement if you were convicted of another offense makes it more stringent," she said.

Viets said he has represented people who have had alcohol violations in both state and municipal courts.

"It made no sense to me that a state offender was expunged while the municipal offender was not," Viets said. "A state violation is a criminal offense but a city one is not."

In 2005, the Missouri General Assembly enacted a law that allows people who were found guilty of violating Missouri's minor in possession of alcohol statute for the first time to apply for the conviction to be expunged from all official records.

The council also consented to an agreement with Peckham & Wright Architects to repair the outside of the John W. "Blind" Boone Home, a major historical building downtown.

"Everyone knows this jewel of the historical district has been languishing for many years, and I hope we can work to restore it," First Ward Councilman Paul Sturtz said.

Additionally, the council authorized the City Finance Director to write off waste items that cannot be processed.

"What this does is remove legally uncollectible accounts from our books," Finance Director Lori Fleming said. "We're always looking at ways to improve our collection methods. We need to make sure we understand the ramifications of entering into these agreements."

Fleming assured that her department would monitor citizens' collection records for unusual patterns that suggest residents are not paying for their garbage collection service.

The council also heard reports at the end of the meeting. One concerned the Chronic Nuisance Property Ordinance, which sought to create stricter rules to obtain an arrest warrant for violators of noise regulations.

"I think that if you have a house where warrants are issued against the people over and over again, that house is a nuisance," Mayor Darwin Hindman said. "If someone is arrested and lives at that house, then they must be removed from their home."

Fellow members reminded Hindman that his plan would imply that people who violate city ordinances would not be able to live in their houses. The mayor recognized the need for due process of law, but asserted that the negative effects justify removing repeat offenders from their homes.

"When you have a nest of people who are committing criminal acts, that needs to be stopped," Hindman said.

Other council representatives agreed, but cautioned that violators may simply move to other areas of the city and continue to break the law.

"We may not have to enact stricter regulations in the context of this kind of nuisance, but this is a quality of life issue in this town," Third Ward Councilman Karl Skala said.