Misdemeanor in Missouri

Misdemeanor charges in Missouri are criminal offenses governed by specific statutory classifications and sentencing guidelines. Although considered less severe than felonies, these charges involve distinct legal procedures and potential long-term record implications.

This guide outlines Missouri’s misdemeanor classifications, court procedures, record expungement rules, and defense options.

What Are the Misdemeanor Classifications Under Missouri Law?

A misdemeanor in Missouri is a criminal charge less serious than a felony, but still part of your permanent record. Missouri divides misdemeanors into classes, with Class A being the most serious under RSMo Section 557.021. However, even a low-level misdemeanor can show up on background checks conducted by employers, landlords, and licensing boards.

Missouri groups misdemeanors into four classes based on severity, and the class of your charge directly determines the penalties a court may impose and the defense options worth pursuing.

• Class A misdemeanor: The most serious type. Penalties may include up to one year in jail and a fine.
• Class B misdemeanor: May carry up to six months in jail and a fine.
• Class C misdemeanor: Can result in up to 15 days in jail and a fine.
• Class D misdemeanor: The least serious class. No jail time, but a fine may apply.

Common examples include first-offense DWI, simple assault, trespassing, and petty theft. These are handled in Missouri’s circuit courts or municipal courts, depending on where the offense occurred.

A conviction stays on your record and can show up in background checks done by employers, landlords, and schools. In some cases, you may be able to seek an expungement later, but that process takes time and is not always available.

Missouri law also allows for certain infractions to be charged as misdemeanors based on prior history. A charge that starts as minor can become more serious if past offenses exist.

As noted, the class of the charge shapes what penalties the court may impose. However, it also shapes what defense options make sense. Knowing which class you face is the first step toward understanding your situation. A skilled criminal lawyer can provide the legal assistance you need.

What Else to Know About Misdemeanors in Missouri

Understanding the full scope of a misdemeanor charge goes beyond the immediate courtroom verdict. Beyond statutory penalties, a conviction carries lasting implications that can impact everything from your professional standing to your long-term record.

Here’s more of what you should know about misdemeanors in Missouri:

Expungement of Misdemeanor Records

A misdemeanor conviction in Missouri can follow you for years, but expungement may offer a path to clearing your record. Under Missouri’s expungement statutes, as outlined in Mo.Rev.Stat. § 610.140, courts may seal eligible misdemeanor records after a waiting period, though not all offenses qualify.

Violent crimes and certain sex-related charges are typically excluded.

Key factors courts look at:

• Time passed since the conviction or discharge
• Whether you completed your sentence fully
• No new criminal charges during the waiting period
• The nature of the original offense

Effect on Employment and Licensing

A misdemeanor may not be a felony, but it can still hurt your career. Many employers run background checks. Some professional licenses, such as nursing, teaching, or contracting, can be denied or revoked based on a misdemeanor record.

Probation vs Jail Time

Missouri courts often offer a choice between two outcomes: probation and jail time.

Choosing probation allows an individual to remain in the community, though it requires regular check-ins, may involve fines or required classes, and carries the risk of serving the original jail sentence if violations occur. In contrast, serving jail time means fixed confinement in a county jail, which is far more likely to disrupt employment, though it can sometimes be combined with probation upon release.

Repeat Offenses

A second or third misdemeanor conviction in Missouri can escalate consequences quickly, as courts may classify you as a persistent misdemeanor offender under state law (RSMo § 558.016). Judges consider prior history at sentencing. A pattern of misdemeanors may also influence how prosecutors charge future offenses.

What Happens After a Misdemeanor Charge in Missouri

Missouri misdemeanor cases move through a set process. Knowing each step helps you stay prepared and make smart choices at every stage.

1. Arrest and booking. After an arrest, police take you to a local jail for booking. They record your name, charge, and fingerprints. This happens within hours of the arrest.
2. Bail or bond hearing. A judge sets your bail, usually within 24 to 48 hours. You may be released on your own promise to appear, or you may need to pay bail. Low-level misdemeanors often allow release without much delay.
3. Arraignment. This is your first court date. A judge reads the charge against you. You enter a plea: guilty, not guilty, or no contest. Most people plead not guilty at this stage to keep their options open.
4. Pretrial hearings. Both sides share evidence in a process called discovery. Your attorney may file motions to challenge evidence or get charges reduced. This stage can last a few weeks to a few months.
5. Plea negotiations. Many misdemeanor cases are resolved through a plea agreement. The prosecutor may offer a reduced charge or lighter outcome in exchange for a guilty plea. You are never forced to accept a deal.
6. Trial. If no deal is reached, your case goes to trial. Misdemeanor trials in Missouri are shorter than felony trials. Many finish in a single day.
7. Sentencing. If found guilty, the judge decides your sentence at a separate hearing. Penalties vary based on the class of misdemeanor and your prior record.

When to Talk to an Attorney About a Missouri Misdemeanor

A misdemeanor charge in Missouri can follow you for years. Speaking with a local criminal defense attorney right away can help you understand your options and protect your record. At Wampler & Passanise, we’re ready to provide the legal insight you need.

Reach out through the contact page to get started. We offer free initial consultations.

Frequently Asked Questions

1. Can a Missouri misdemeanor affect my ability to own a gun?

Yes, certain misdemeanor convictions in Missouri may limit your gun rights, especially those involving domestic violence. Federal law also restricts firearm ownership following certain misdemeanor convictions, so the impact can extend beyond state law.

2. Will a Missouri misdemeanor show up on a background check?

Most misdemeanor convictions in Missouri appear on standard criminal background checks. This can affect job applications, housing, and professional licenses, even for lower-level offenses.

3. Can I get a misdemeanor expunged in Missouri?

Missouri law allows some misdemeanor convictions to be expunged after a waiting period. Not all offenses qualify, so the type of charge and your prior record both play a role in eligibility.

4. Do I have to appear in court for every misdemeanor charge in Missouri?

Most misdemeanor cases in Missouri require you to attend at least one court date, though your attorney can often appear on your behalf for routine hearings. Missing a required court date can result in a warrant being issued for your arrest.

5. Can a misdemeanor in Missouri affect my professional license?

Yes, licensing boards in Missouri for fields like nursing, teaching, and contracting may review criminal records. A misdemeanor conviction can trigger a review and, in some cases, lead to suspension or denial of a license.