A misdemeanor or felony on your public criminal record can make life difficult, especially when finding a job. Nations under common law offer expungement, a chance to get non-serious and first-time offenses completely sealed or removed from public record.

As of August 28, 2021, thanks to §610.140 RSMo in the Missouri state legislature, more than 1,900 criminal offenses qualify for expungement. While more serious crimes do not qualify, less serious offenses can be removed.

Which offenses qualify for expungement in Missouri?

Under common law, not every offense can be forgiven through expungement by sealing or removing arrest or conviction records. Additionally, you can be granted closure instead of expungement, meaning the offenses will be inaccessible from public view.

Missouri allows for three types of expungements:

• Expungement of arrest or conviction record for a felony or misdemeanor

• Expungement of arrest record based on false arrests from faulty information

• Expungement of arrest record for motor vehicle offenses

In the first case, expunging an arrest or conviction record for a felony or misdemeanor will require a waiting period. For felonies, you must wait seven years to apply for expungement if the case resulted in a felony conviction. For arrest records and misdemeanor convictions, the waiting period is three years. Only one felony and two misdemeanors may be successfully expunged from your criminal record in a lifetime.

If you’d like to expunge an arrest record based on false information, the suit may have to be presented in a court hearing before a judge. Your prior arrest must meet all the following:

• The arrest did not follow a probable cause to believe you committed the crime.
• You were not charged with a crime following the arrest.
• You have no prior or subsequent felony or misdemeanor convictions.
• You did not receive a suspended imposition of sentence for the offense.
• No civil action is pending related to the arrests or records you wish to expunge.

The final case of expungement is for motor vehicle offenses. If you were arrested for a misdemeanor motor vehicle offense and the charges were dropped or found not guilty, it may qualify for expungement. 

Which offenses do not qualify for expungement in Missouri?

The spirit of the law is to allow otherwise law-abiding citizens to get a fresh start in their careers and public life. Offenses that fall under the following are not eligible for expungement:

• Violent felonies under Class A
• Dangerous felonies
• Offenses that require registration as a sex offender
• Domestic assault
• Driving while intoxicated

Additionally, expungement for motor vehicle offenses is not available in these cases:

• The driver was intoxicated.
• The driver was operating a commercial vehicle without a commercial driver’s license.
• The driver has another felony or misdemeanor conviction on their record.
• The driver has a pending civil action related to the arrest or record for expungement.

Which offenses qualify for arrest record closure in Missouri?

Closure means the arrest record will be sealed from public view instead of expungement. This means it can only be accessed by courts, law enforcement, and certain employers, such as government employers, that require intensive background checks for security clearances.

Your case must meet at least one special qualification to qualify for closure. If any of the below conditions apply to the arrest, it may be qualified for arrest record closure:

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• The charges were dropped following the arrest.
• The charges were dismissed following the arrest.
• The defendant was found not guilty in court.
• Imposition of sentence was suspended.

How long does it take?

It can take 2 to 4 months to obtain an expungement after a judge decides the offense is worthy. Additionally, it can take 2 to 4 weeks before the expungement petition is presented to the judge to obtain relevant records to complete and file the necessary forms.

A successful expungement can turn a life around and open many doors that were previously closed through public arrest records. 

To learn more about expungement and whether your case may qualify, talk with an experienced attorney who can provide counsel. 

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A misdemeanor or felony on your public criminal record can make life difficult, especially when finding a job. Thankfully, nations under common law offer expungement, a chance to get non-serious and first-time offenses completely sealed or removed from public record.

Read more on our blog here:

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A misdemeanor or felony on your public criminal record can make life difficult, especially when finding a job. Thankfully, nations under common law offer expungement, a chance to get non-serious and first-time offenses completely sealed or removed from public record.

If you’d like to know more about securing expungement or arrest record closure, specifically in the state of Missouri, you can learn more on our blog here: