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MISSOURI EXPUNGEMENT

The Missouri Expungement Lawyers at The People’s Counsel have successfully expunged convictions and arrest records all across the state of Missouri.  If you or a loved one have had your life affected by a criminal conviction or arrest, please contact us for a free consultation.  We will guide you through the confusion of the expungement statute and we will handle the courts and prosecutors that will be trying to block your expungement along the way.  See below for a comprehensive overview of expungements in Missouri.

What is Expungement?

In Missouri, expungement is the process of closing all records of a conviction, guilty plea, or arrest on someone’s record so that it can no longer be accessed by the public and will not appear on most background checks. If an expungement is successful, only certain agencies—including law enforcement and the court system—will be able to view the expunged records. Expunged records are considered “confidential,” and are only available to very limited agencies or by court order. In most successful cases of expungement, you will be allowed to maintain that you have never been convicted of the crimes that were expunged. An expungement essentially makes it almost as if the offense that was expunged never actually happened in the first place.

What are the Benefits of Getting an Expungement in Missouri?

A criminal record expungement has many benefits including:

  • Closing of the criminal record so it becomes inaccessible to most;
  • Permits you to tell potential employers that you have not been convicted of a crime when applying for jobs;
  • May reduce any travel restrictions imposed by a criminal record;
  • May make it easier to get approved for a state license;
  • May increase your earning capacity by opening better or different job opportunities;
  • May reinstate rights lost as a result of your criminal record;
  • Increased confidence when you complete a background check; and
  • Help secure desired housing.

missouri expungement (lawyer)

What Records are Eligible for Missouri Expungement?

In Missouri, the following types of records are eligible for expungement, subject to certain exceptions:

  • Records of arrest;
  • Conviction records;
  • First-time convictions for intoxication-related driving and boating offenses; and
  • Juvenile records.

Missouri law allows for expungement of many misdemeanors and non-Class A felonies, subject to a lengthy list of exceptions for violent offenses, sex offenses, and other more serious crimes. There are also some restrictions on expungement of driving offenses involving alcohol or by individuals holding commercial drivers licenses.

Which Crimes in Missouri Cannot be Expunged?

In Missouri, the following offenses, violations, and infractions are not eligible for expungement:

  • Any Class A Felony Offense;
  • Any Dangerous Felony (see 556.061);
  • Any Offense that requires registration as a sex offender;
  • Any Felony Offense where death is an element of the offense;
  • Any Felony Offense of Assault; Misdemeanor or Felony Offense of Domestic Assault; or Felony Offense of Kidnapping;
  • Any Offense listed in chapter 566  (Sexual Offenses);
  • Any Offense listed in Section 105.454 (Additional Prohibited Acts by certain elected and appointed public officials and employees, exceptions);
  • Any Offense listed in Section 105.478 (Any person guilty of knowingly violating any of the provisions of sections 105.450 to 105.498);
  • Any Offense listed in Section 115.631 (Class One Election Offenses);
  • Any Offense listed in Section 130.028 (Prohibitions against certain discrimination or intimidation relating to elections–contributions by employees, payroll deduction, when);
  • 188.030 (Abortion of viable unborn child prohibited, exceptions–physician duties–violations, penalty–severability–right of intervention, when);  
  • 188.080 (Abortion performed by other than a physician with surgical privileges at a hospital, a felony);
  • 191.677 (Prohibited acts, criminal penalties. — 1.  It shall be unlawful for any individual knowingly infected with HIV to:

 (1)  Be or attempt to be a blood, blood products, organ, sperm or tissue donor except as deemed necessary for medical research;

  (2)  Act in a reckless manner by exposing another person to HIV without the knowledge and consent of that person to be exposed to HIV, in one of the following manners:

  (a)  Through contact with blood, semen or vaginal secretions in the course of oral, anal or vaginal sexual intercourse; or

  (b)  By the sharing of needles; or

  (c)  By biting another person or purposely acting in any other manner which causes the HIV-infected person’s semen, vaginal secretions, or blood to come into contact with the mucous membranes or non-intact skin of another person.);

  • 194.425 (Abandonment of a corpse without notifying authorities); 
  • 217.360* (Repealed); 
  • 217.385 (Violence or injury to others or property by offender); 
  • 334.245 (Abortions, physicians only to perform); 
  • 375.991 (Fraudulent insurance act, committed, when–powers and duties of department); 
  • 389.653 (Trespass to railroad properties);
  • 455.085 (Arrest for violation of order); 
  • 455.538 (Law enforcement agencies response to violation of order);
  • 557.035 (Hate offenses–provides enhanced penalties for motivational factors in certain offenses); 
  • 565.084** (Now 575.095);
  • 565.085** (Now 575.115);
  • 565.086** (Now 575.157); 
  • 565.095** (Now 574.140); 
  • 565.120 (Kidnapping, second degree);
  • 565.130 (Kidnapping, third degree);
  • 565.156 (Child Abduction); 
  • 565.200** (Now 566.116);
  • 565.214* (Repealed);
  • 566.093 (Sexual Misconduct, first degree);
  • 566.111 (Sex with an animal);
  • 566.115 (Sexual conduct with a nursing facility resident or a vulnerable person, first degree);
  • 568.020 (Incest); 
  • 568.030 (Abandonment of child in the first degree);
  • 568.032 (Abandonment of a child, second degree);
  • 568.045 (Endangering the welfare of a child in the first degree); 
  • 568.060 (Abuse or neglect of a child); 
  • 568.065 (Genital mutilation of a female child);
  • 568.080** (Now 573.200); 
  • 568.090** (Now 573.205);
  • 568.175 (Trafficking in children); 
  • 569.030** (Now 570.025); 
  • 569.035* (Repealed);
  • 569.040 (Arson in the first degree); 
  • 569.050 (Arson in the second degree);
  • 569.055 (Knowingly burning or exploding);
  • 569.060 (Reckless burning or exploding);
  • 569.065 (Negligent burning or exploding);
  • 569.067* (Repealed);
  • 569.072** (Now 577.078);
  • 569.160 (Burglary in the first degree);
  • 570.025 (Robbery in the second degree);
  • 570.090 (Forgery);
  • 570.180 (Defrauding secured creditors);
  • 570.223 (Identity theft);
  • 570.224 (Trafficking in stolen identities);
  • 570.310 (Mortgage fraud);
  • 571.020 (Possession–manufacture–transport–repair–sale of certain weapons a crime); 
  • 571.060 (Unlawful transport of weapons); 
  • 571.063 (Fraudulent purchase of a firearm);
  • 571.070 (Possession of firearm unlawful for certain persons);
  • 571.072 (Unlawful possession of an explosive weapon);
  • 571.150 (Use or possession of a metal-penetrating bullet during the commission of a crime); 
  • 574.070 (Promoting civil disorder in the first degree);
  • 574.105 (Money laundering);
  • 574.115 (Making a terrorist threat, first degree);
  • 574.120 (Making a terrorist threat, second degree);
  • 574.130 (Agroterrorism);
  • 575.040 (Perjury);
  • 575.095 (Tampering with a judicial officer);
  • 575.153 (Disarming a peace officer or correctional officer);
  • 575.155 (Endangering a corrections employee);
  • 575.157 (Endangering a mental health employee, visitor, or other offender); 
  • 575.159 (Aiding a sexual offender);
  • 575.195 (Escape from commitment, detention, or conditional release);
  • 575.200 (Escape or attempted escape from custody);
  • 575.210 (Escape or attempted escape from confinement);
  • 575.220 (Failure to return to confinement);
  • 575.230 (Aiding escape of a prisoner);
  • 575.240 (Permitting escape);
  • 575.350* (Repealed);
  • 575.353 (Assault on a police animal);
  • 577.078 (Water contamination);
  • 577.703 (Bus hijacking–assault with intent to commit bus hijacking–possession and concealment of deadly weapon by passenger);
  • 577.706 (Planting a bomb or explosive in or near a bus or terminal);
  • 578.008** (Now 574.130);
  • 578.305**  (Now 577.703);
  • 578.310** (Now 577.706);
  • 632.520 (Offender committing violence against an employee);
  • Any offense eligible for expungement under section 577.054 or 610.130;
  • Any intoxication-related traffic or boating offense as defined in section 577.001, or any offense of operating an aircraft with an excessive blood alcohol content or while in an intoxicated condition;
  • Any ordinance violation that is the substantial equivalent of any offense that is not eligible for expungement under this section;
  • Any violation of any state law or county or municipal ordinance regulating the operation of motor vehicles when committed by an individual who has been issued a commercial driver’s license or is required to possess a commercial driver’s license issued by this state or any other state; and
  •  Any offense of section 571.030, except any offense under subdivision (1) of subsection 1 of section 571.030 where the person was convicted or found guilty prior to January 1, 2017.

How do you get an Expungement in Missouri?

In Missouri, if your record is eligible for expungement, you will need to complete a Petition for Expungement and file it with the county in which you were arrested, convicted, pled guilty, or your case was handled.  There will then be a court hearing with the judge presiding over the petition, where all agencies with a copy of the record will have a chance to respond and object to the expungement.  If the judge grants your petition for expungement he will order all the agencies listed in your petition to purge the record from their databases and where feasible, any hard copy of the record.

When can I get my Records Expunged in Missouri?

In Missouri, when determining whether to grant a petition for expungement, a court will take into consideration a waiting period between the time when the petition is filed and the time when the petitioner completed the sentence or disposition for the crime they are seeking to be expunged. The recommended waiting period for getting a record expunged is seven (7) years for a felony offense and three (3) years for a misdemeanor offense. (RSMo 610.140)

The waiting period to have an arrest record expunged is three (3) years from the date of the arrest. (RSMo 610.140)

What does a Petition for Expungement Need to Include in Missouri?

Missouri law requires that a petition for expungement name as defendants all law enforcement agencies, courts, prosecuting or circuit attorneys, municipal prosecuting attorneys, central state repositories of criminal records, or others who the petitioner has reason to believe may possess the records subject to expungement for each of the offenses, violations, and infractions listed in the petition.

The petition for expungement also needs to include the petitioner’s:

  1. Full name;
  2. Sex;
  3. Race;
  4. Driver’s license number, if applicable; and
  5. Current address.

The petition for expungement must also include:

  1. Each offense, violation, or infraction for which the petitioner is requesting expungement;
  2. The approximate date the petitioner was charged for each offense, violation, or infraction;
  3. The name of the county where the petitioner was charged for each offense, violation, or infraction and if any of the offenses, violations, or infractions occurred in a municipality, the name of the municipality for each offense, violation, or infraction; and
  4. The case number and name of the court for each offense.

Source: (RSMo 610.140)

What does a Court Consider when Ruling on a Petition for Expungement in Missouri?

In Missouri, once a petition for expungement is filed, the court may set a hearing on the matter. At this hearing, the court may accept evidence and hear testimony on, and may consider, the following when determining whether or not to grant the petition for expungement:

  1. At the time the petition is filed, it has been at least seven years if the offense is a felony, or at least three years if the offense is a misdemeanor, municipal offense, or infraction, from the date the petitioner completed any authorized disposition imposed under section 557.011 for each offense, violation, or infraction listed in the petition;
  2. The person has not been found guilty of any other misdemeanor or felony, not including violations of the traffic regulations provided under chapters 304 and 307, during the time period specified for the underlying offense, violation, or infraction in subdivision (1) of this subsection;
  3. The person has satisfied all obligations relating to any such disposition, including the payment of any fines or restitution;
  4. The person does not have charges pending;
  5. The petitioner’s habits and conduct demonstrate that the petitioner is not a threat to the public safety of the state; and
  6. The expungement is consistent with the public welfare and the interests of justice warrant the expungement.

If the court determines that the person meets all of this criteria and is otherwise eligible, then the court shall enter an order of expungement.

Source: (RSMo 610.140)

How many Expungements can you get in Missouri?

In Missouri, a person can obtain no more than two (2) expungements for misdemeanor offenses or ordinance violations and no more than one (1) expungement for a felony offense. (RSMo 610.140)

Expungement of Arrest Records in Missouri

In Missouri, an arrest record can be expunged for two different reasons. Any record of arrest may be expunged if:

  1. The court determines that the arrest was based on false information; or
  2. The court determines the person was arrested for, or was subsequently charged with, a misdemeanor driving offense (except for DUI), and each such charge was subsequently nolle prossed or dismissed, or the person was found not guilty and the person was not a commercial driver’s license holder who was operating a commercial vehicle at the time of the arrest.

In order for an arrest record to be expunged on the basis that the arrest was based on false information, the following conditions must exist:

  • There is no probable cause, at the time of the action to expunge, to believe the individual committed the offense;
  • No charges will be pursued as a result of the arrest; and
  • The subject of the arrest did not receive a suspended imposition of sentence for the offense for which the arrest was made or for an offense related to the arrest.

Source: (RSMo 610.122)

Is my Arrest Eligible for Expungement in Missouri?

In Missouri, an arrest record is eligible for expungement so long as the person arrested has no prior or subsequent misdemeanor or felony convictions and there is no civil action pending that is related to the arrest or the records sought to be expunged. (RSMo 610.122)

Expungement of DWI Offenses in Missouri

In Missouri, certain intoxication-related traffic offenses (DWI) qualify for expungement, provided certain requirements for eligibility are met. For a DWI to be expunged:

  1. It must have been a first-time DWI;
  2. It must have been a misdemeanor or county or city ordinance violation;
  3. At least ten (10) years must have passed since you pled guilty or were convicted for the DWI;
  4. You have not been convicted of or have a pending action related to any subsequent intoxication-related traffic offense; and
  5. You were not convicted for driving a commercial vehicle while under the influence of alcohol. 

If these requirements are met, a court shall enter an order of expungement for your first-time DWI.

These same eligibility requirements apply to the expungement of intoxication-related boating offenses. 

Source: (RSMo 610.130)

Expungement of Juvenile Court Records in Missouri

In Missouri, juvenile court records are not typically accessible to the public. However, a court may order the disclosure of juvenile records when persons who have a legitimate interest need access to the records, such as juvenile officers, school officials, and prosecutors. Expungement is a valuable tool that can be used to ensure these juvenile records become inaccessible to the public.

Juvenile records are eligible for expungement in Missouri by court order if the child has reached his or her eighteenth (18th) birthday and the court finds it is in the best interest of the child that the juvenile records be expunged. If these eligibility requirements are met, the court may enter an order to close the juvenile’s court file and any corresponding records.

Source: (RSMo 211.321)

Frequently Asked Questions:

  • How do I expunge my record in Missouri?
    • To expunge a record in Missouri, you must complete a Petition for Expungement and file it in the circuit court of the county in which you were arrested, convicted, pled guilty, or your case was handled. The court will hold a hearing where you will present your evidence and the responding law enforcement agencies can mount their objections to your petition. If the judge rules in your favor he will order the records expunged.
  • What crimes/charges cannot be expunged in Missouri?
    • (see list above)
  • Does Missouri expunge felonies?
    • Missouri law allows for expungement of many misdemeanors and non-Class A felonies, subject to a lengthy list of exceptions for violent offenses, sex offenses, and other more serious crimes. There are also some restrictions on expungement of driving offenses involving alcohol or by individuals holding commercial drivers licenses. (see list above for exceptions)
  • Can misdemeanors be expunged in Missouri?
    • Missouri law allows for expungement of many misdemeanors and non-Class A felonies, subject to a lengthy list of exceptions for violent offenses, sex offenses, and other more serious crimes. There are also some restrictions on expungement of driving offenses involving alcohol or by individuals holding commercial drivers licenses. (see list above for exceptions)
  • How long does expungement take in Missouri?
    • Once the petition for expungement is filed in Missouri, the prosecuting attorney, circuit attorney, or municipal prosecuting attorney that prosecuted the offenses, violations, or infractions listed in the petition have thirty (30) days after receipt of service to object to the petition in writing. The court must hold a hearing within sixty (60) days after any written objection is filed. If no objection is filed within thirty (30) days after receipt of service, the court may set a hearing on the matter at any time as long as reasonable notice of the hearing is provided to all parties named in the petition. (RSMo 610.140)
  • How long before a felony can be expunged in Missouri?
    • The waiting period to get a felony record expunged in Missouri is seven (7) years. (RSMo 610.140)
  • How long before a misdemeanor can be expunged in Missouri?
    • The waiting period to get a misdemeanor record expunged in Missouri is three (3) years. (RSMo 610.140)
  • Can you work for the government with an expunged record in Missouri?
    • Past criminal records often can exclude someone from being eligible for government employment. While the expungement process in Missouri does not work as a pardon, it does begin to return the individual back to the position they were in before they were arrested for their criminal offense. Nonetheless, certain agencies—including law enforcement and the court system—will still be able to view the expunged records, which may impact one’s eligibility to work for the government.
  • Can you buy a gun with an expunged record in Missouri?
    • An expungement may restore your right to own firearms under Missouri law because it removes almost all collateral consequences of a conviction. However, an expungement in Missouri cannot remove federal firearm bans and your right to have a firearm may still be restricted under federal law. Source: RSMo 610.140(8)