Expungement in Missouri: How It Works & Who Qualifies

A Criminal Attorney Can Offer Representation & Advice When You Need to Get Your Record Expunged. Learn More From Missouri’s Haden & Colbert

If you or your child is being prosecuted for a crime in Missouri, it is understandable to have concerns about the future. Whether it’s a first-time DUI or a felony offense, expungement is your ultimate goal. With criminal charges on your record, it can make processes like buying a home or applying for a job much more difficult, but Haden & Colbert’s expungement lawyers can help you relieve the pressure. Get all the information you need on Missouri’s expungement requirements today, and contact our firm for an honest review of your case.

What does expungement mean? 

When a criminal conviction is expunged, it is removed from Missouri’s public records and can only be opened under court order. This lifts the weight off the shoulders of people with criminal charges who want to seek opportunities in the future. When applying for a range of jobs, you would no longer have to disclose your criminal record. However, restrictions apply to careers like emergency services, federally-insured banks, insurance companies, and other industries. If you’re curious about the expungement laws in Missouri and how they apply to major areas of your life, reach out to Haden & Colbert for an overview.

How is a criminal record expunged in Missouri? Is a lawyer necessary for my case? 

You can pursue expungement by filing a petition in the court where you were found guilty or charged. If there are multiple crimes to be expunged, they should all be stated in the petition, as well as the names of any entities the petitioner believes have access to the record. 

Next, the court clerk will send it to the case prosecution and allow them 30 days to file an objection; if they object, there will be a court hearing within two months of the objection. During the court hearing, the prosecution and the petitioner will present evidence, closing with a verdict to grant or deny the expungement.

If the prosecution doesn’t file an objection, the court judge will review your case and make the call. For defendants whose petitions are denied, they can re-file after a year has passed. Criminal defense attorneys are vital in the petition process, since they have extensive knowledge of Missouri’s expungement laws.

The requirements for expunging a Missouri resident’s criminal record 

Your crime is eligible for expungement under Missouri law

First, the crime must be eligible for expungement under §610.140, not including federal offenses. Not every conviction is possible to hide from your record in Missouri. The limits depend on the following main factors: 

• Any Class A felony offense
• “Dangerous felonies” as defined by §556.061 
• Offenses that require registration as a sex offender
• Felonies where death is an element of the offense 
• Assault, domestic assault, or kidnapping
• Any violations of motor vehicles when committed by an individual with a commercial driver's license 
• & More

If you have questions or want the latest update on expungement eligibility, our Missouri lawyers will walk you through everything in a one-on-one consultation.

Expungement would not exceed your limit of felonies & misdemeanors in the state

There is a cap on the number of criminal offenses that can be expunged in Missouri. The maximum number of expungements in your lifetime is two felony offenses and three misdemeanor offenses. Some exceptions can apply to this requirement; for example, marijuana expungements don’t count towards the limit since it has been decriminalized statewide.

You don’t have any case-related debt left to pay 

If you have any remaining court costs, fines, or other expenses related to the case, make sure they are paid before filing a petition for expungement with a Missouri lawyer. Searching the balance under your Case Number can help you when determining what is still owed. It is also essential that the petitioner has met all other obligations, such as serving their prison sentence, if applicable. 

The waiting period for a clear record in Missouri has been fulfilled

From the completion of a petitioner’s sentence, probation, or parole, they must satisfy a “clean” waiting period without being convicted of another crime. A felony offense requires three years or more, while infractions and misdemeanors have a one-year period. Not sure what the consequences are for a specific crime in Missouri? The longtime attorneys at Haden & Colbert can offer insight into your case. 

There are no pending charges against you

A pending criminal charge will block you from expungement of your other violations, whether it’s a minor in possession of alcohol or a DUI. If the petitioner’s habits and conduct are considered a threat to public safety, it will also reduce your chances of expungement in the near future.

Give Your Trust to Our Aggressive Criminal Law Attorneys in Boone County. Meet Haden & Colbert & Begin the Petition Process

When you need a criminal attorney to represent your rights, choose a firm that prioritizes giving you a favorable outcome in court. Going through the process alone can affect your ability to secure a loan, find your desired home, or apply for many jobs in Missouri.

To work towards expunging a charge on your or your child’s criminal record, schedule a discovery call with Haden & Colbert in Columbia, MO. Our criminal defense lawyers have several decades of practice, from fake ID charges to misdemeanor theft to felonies. We’ll help you in every aspect, whether it’s drafting the expungement petition, negotiating with the prosecution, or pleading with a local judge.