If you’re applying for a criminal record expungement in Missouri, here’s what you need to know:

•     Not all crimes in Missouri can be expunged under the new statute.

•     The petition must be filed in the court where you were charged or found guilty of any offenses, violations, or infractions.

•     You must name all law enforcement agencies, courts, municipal prosecuting attorneys, state repositories of criminal records or others you believe may possess the records for each item you are seeking to have expunged.

•     There is likely a period of time after a conviction you must wait before applying for an expungement. The statute implies that you must wait seven (7) years for a felony and three (3) years for a misdemeanor, but it does not explicitly demand this, so there may be hope for procuring it sooner than expected.

•     The State has 30 days to file objections to your petition and a court must hold a hearing within 60 days following the objection or 30 days after filing if no objection.

•     There is a $250 application fee, unless the applicant is certified to be a poor person.



Important Note: 

If you are successful, you will be allowed to maintain that you have never been convicted of the crime(s) that were expunged.


Missouri-Expungement - Sentate Bill 588

Senate Bill 588 now makes expungement in Missouri available for many with an old criminal conviction.
Expungement in Missouri Overview

Senate Bill 588 passed both houses of the Missouri Legislature in the spring of 2016 and was signed by Governor Jay Nixon on July 13, 2016. It went into effect on January 1, 2018 and many Missourians for the first time will have the opportunity to finally shed themselves of prior convictions.

It won’t help those who have been convicted of child pornography or violent crime, but for thousands, it will be a source of real relief.

The particulars of the new Missouri expungement law include:

a. Petitions for expungement may be filed in any Missouri court in which such person was charged or found guilty.

b. Petitioners must list all offenses that he or she is seeking to have expunged.

c. Convictions that cannot be expunged are (i) Class A felony offenses; (ii) dangerous felonies as defined in section 556.061 of Missouri statutes; (iii) any offense that requires registration as a sex offender; (iii) any felony where death is an element of the offense; any felony offense of assault; (iiii) any misdemeanor or felony of domestic assault; (iiiii) or felony offense of kidnapping and a number of other offenses that fall broadly under the category of crimes against persons.

d. Also excluded from expungement are intoxication-related offenses. First time DWI offenders can still seek expungement in Missouri after 10 years without additional alcohol-related convictions under section 577.054.

e. Violation of laws regulating operation of a motor vehicle by an individual who holds a commercial driver’s license cannot be expunged.

f. Although it doesn’t appear that that there is a time period requirement that must pass before applying, a court “may consider” if seven years have passed in felony cases or three years in misdemeanor cases. Lack of subsequent criminal record, payment of restitution from past convictions and “the petitioner’s habits and conduct” showing that he or she is not a threat to society may also be considered.

g. The clerk of the court must give notice to the prosecuting attorney, circuit attorney or municipal court prosecuting of the appropriate court when a petition for expungement in Missouri has been filed. Once notified, the prosecuting authority has thirty days to object to the expungement.

h. Expungement of arrest records cannot occur sooner than three years after an arrest.

i. Once an order of expungement is entered the underlying court file must be closed.

j. A person who has been granted an order of expungement may, with regard to the expunged conviction, answer “no” to an employer inquiry as to whether the applicant has ever been convicted of a crime unless the employer is required to exclude certain people with criminal convictions from employment. If a law mandates the employer to not hire convicted offenders the applicant must answer that they have been convicted of a crime.

k. A Missouri expungement filing fee of $250.00 must accompany a petition to expunge unless the applicant is certified to be a poor person.
Does this mean I can get an expungement in Missouri?

It depends.

A close reading of the Missouri expungement legislation (Senate Bill 588) reveals that there are still many impediments to expungement but for crimes against property and drug crimes there is hope. Likewise, to those unfamiliar with the process, there are pitfalls that can discourage applicants. Obviously, the process is defined by law and who better to understand and negotiate its provisions than a lawyer.

We anticipate there will be a high demand for this service and have already begun studying the law to best see how we can take advantage of its provisions for clients.

Our team can help you quickly assess if you are eligible for expungement.
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List of Crimes in Missouri that Can’t be Expunged

If you have questions about whether your criminal conviction is eligible for expungement, the process, or would simply like an experienced trial attorney to handle it all for you, contact us.

•     Any class A felony offense;

•     Any dangerous felony as that term is defined in section 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, or previously listed, in chapter 566 or section 105.454, 105.478, 115.631, 130.028, 188.030, 188.080, 191.677, 194.425, 217.360*, 217.385, 334.245, 375.991, 389.653, 455.085, 455.538, 557.035, 565.084**, 565.085**, 565.086**, 565.095**, 565.120, 565.130, 565.156, 565.200**, 565.214*, 566.093, 566.111, 566.115, 568.020, 568.030, 568.032, 568.045, 568.060, 568.065, 568.080**, 568.090**, 568.175, 569.030**, 569.035*, 569.040, 569.050, 569.055, 569.060, 569.065, 569.067*, 569.072**, 569.100, 569.160, 570.025, 570.030, 570.090, 570.100, 570.130, 570.180, 570.223, 570.224, 570.310, 571.020, 571.030, 571.060, 571.063, 571.070, 571.072, 571.150, 574.070, 574.105, 574.115, 574.120, 574.130, 575.040, 575.095, 575.153, 575.155, 575.157, 575.159, 575.195, 575.200, 575.210, 575.220, 575.230, 575.240, 575.350*, 575.353, 577.078, 577.703, 577.706, 578.008**, 578.305**, 578.310**, or 632.520;

•     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; and

•     Any violations 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.

 
Background on Missouri Expungement:

For at least the past four decades there have been no good answers for those seeking to expunge criminal convictions. Attorneys in Missouri, except in very limited circumstances, had very little to offer offenders who wanted to expunge a criminal conviction.

Perhaps more than any other area of inquiry our attorneys receive, people want to know if they can expunge misdemeanor or felony convictions. Oftentimes, the calls come from individuals who have been disqualified from employment or from people who are just seeking to restore their own sense of dignity and worth.

Missouri’s previous expungement law was limited to just a few circumstances such as felony and misdemeanor convictions for passing a bad check or fraudulent use of a credit or debit device. Some oddball misdemeanor offenses like negligent burning or exploding, gambling, private peace disturbance, first-degree trespass and the serious offense of being drunk in a church or schoolhouse all qualify as seldom charged but expungement eligible offenses under Missouri’s previous expungement statute. B and C misdemeanors along with first-time DWI convictions after 10 years of good behavior also qualify.

 
The Effect on other Missouri laws

One area that will likely see some attention is Missouri’s statute that permits expungement of arrests.

Currently, section 610.122 of the Missouri Statutes allows expungement of arrest records if the arrest was based upon false information and there is no probable cause to believe the individual committed the offense, no charges were pursued as a result of the arrest and the subject of the arrest did not receive a suspended imposition of sentence. Because actual convictions can be expunged under the new law it seems probable that the qualifying list of arrests that can be expunged will be expanded.

Hopefully, the Missouri Legislature will sort out those concerns in future legislation.