A Guide To Expungements In Missouri: Do You Qualify?
Expungement of Minor In Possession (MIP)You may qualify if you meet the following requirements:
1. It has been at least one year since you turned 21 years old,
2. You have not previously received an MIP expungement,
3. You have not had any other alcohol-related convictions, (In Missouri, SIS probation is not a conviction)
4. You are not currently a commercial driver, and
5. You were not driving a commercial vehicle at the time of the MIP.
Expungement of First Alcohol Related OffenseYou may qualify if you meet the following requirements:
1. It has been at least 10 years since the date of the conviction/guilty plea,
2. This was your first alcohol-related offense,
3. The offense was a misdemeanor or ordinance violation only (not a felony),
4. You have no other alcohol-related convictions* since then, (SIS probation is not a conviction in Missouri),
5. No other alcohol-related suspensions or revocations of your license (e.g. "refusal to blow"),
6. You are not currently a commercial driver, and
7. You were not driving a commercial vehicle at the time of the offense.
Expungement of Arrest RecordYou may qualify if you meet the following requirements:
1. The arrest was based on false information,
2. There was no probable cause to believe you committed the crime (note that the combination of 1. and 2. essentially means you must prove actual innocence),
3. All charges were dropped / no further charges are being pursued,
4. There is no civil action / lawsuit pending related to this arrest,
5. You have no prior or subsequent misdemeanor or felony convictions,* (SIS probation is not a conviction in Missouri) (ordinance violations and most speeding tickets are okay),
6. You did not receive SIS probation for the offense (either the offense you were originally arrested for or an offense you were later charged with related to the arrest), and
7. You are willing to submit fingerprints as verification of your identity.
Important Implications of ExpungementsAn expungement acts to completely erase the arrest or conviction. It is as if the arrest never happened. This means that you will waive any right to a lawsuit based on the arrest. You will lose your right to sue the police, the alleged victim or witnesses that lied to the police, or any other party involved in the arrest. Therefore, if you believe you have any lawsuits related to the offense you seek to expunge, you MUST discuss this with your attorney.