Missouri Expungement Law
Expungements in Missouri: The law, the process and the hurdles. Mistakes happen, people change, and Missouri law may help.
“It's been several years since I pleaded guilty to a case. I am trying to get a new job. Can I get my case expunged?” This is a common question that I hear from people who made mistakes decades ago. Life happens, people change, and job opportunities are too important to cross your fingers, hold your breath and hope an old case flies under the radar. The answer should not surprise anyone who has ever talked to a lawyer; "it depends." So, let's add some facts, law and get into the nitty gritty.
HURDLE #1: CAN YOUR CHARGE BE EXPUNGED?If your charge was for any of the following, you are NOT eligible for an expungement:
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 (sex crimes) 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.
HURDLE #2: HAVE YOU MET THE SPECIFIC REQUIREMENTS?If you answer yes to all of the following, you have met the required elements.
1. Has it been at least seven years for any felony offense or least three years for any misdemeanor, infraction, or ordinance violation (time starts when probation ends)?
2. Have you avoided any findings of guilt for any other misdemeanor or felony, not including violations of the traffic regulations, during the seven or three years (whichever one applies to you)?;
3. Have you satisfied all obligations relating to any such disposition, including the payment of any fines or restitution?;
4. Do you have no pending charges?;
5. Do your habits and conduct demonstrate that you are not a threat to the public safety of the state?;
6. Have you never received expungement before?; and
7. Is the expungement is consistent with the public welfare and the interests of justice warrant the expungement?
*My charge is eligible and I have met all requirements. Now what?*Get a Lawyer. Every person's situation is different. If you're interested in learning more, talk to a lawyer who has experience in handling criminal expungements.