Criminal Record Expungement in Missouri

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A new Missouri law will allow some misdemeanors and felonies to be expunged from your criminal record. Previously, only first-time misdemeanor DWI and MIP convictions could be expunged (removed) from your criminal record, and no felonies could ever be expunged.

New Missouri Criminal Record Expungement Law Goes Into Effect August 28, 2012

The new law (See section 610.140 of Missouri House Bill No. 1647 about expungement) will go into effect on August 28, 2012 and will allow you to file a petition in court to get the records of the following misdemeanors and felonies expunged from your criminal record:

Misdemeanors:

  • Negligently Setting a Fire, Burning, or Exploding
  • Tampering in the 2nd Degree
  • Property Damage – Knowingly Damaging Property of Another
  • Trespassing
  • Entry on Posted Property
  • Gambling
  • Disturbing the Peace
  • Drunkenness or Drinking in Schools, Churches, or Courthouses

Misdemeanors and Felonies:

  • Passing a Bad Check
  • Fraudulently Stopping Payment On an Instrument
  • Fraudulent Use of a Credit or Debit Device

You Must Have a Clean Record For 10 Years (For Misdemeanors) Or 20 Years (For Felonies) To Get Your Criminal Record Expunged

10 years must have passed since your misdemeanor conviction (20 years for a felony conviction) without being found guilty of any other misdemeanor or felony during that time, for you to be eligible to file a petition for expungement in Missouri. This only applies to the misdemeanors and felonies listed in the previous paragraph.

Can I File a Petition For Expungement of Criminal Records Without Hiring An Attorney?

You don’t have to hire an attorney to file a petition for expungement of criminal records in Missouri, but keep in mind that there will be a hearing in front of a judge to determine if you have met certain requirements. If your petition is dismissed, you will have to wait another year before refiling, and the court will assess a $100 surcharge each time you file a petition for expungement.

Drug Possession and DWI Convictions Can’t Be Expunged Under the New Missouri Expungement Law

Other than the misdemeanors and felonies listed above, no other criminal records can be expunged in Missouri except for a first-time misdemeanor DWI after 10 years have passed since the conviction date, or a first-time MIP (Minor in Possession) after 1 year has passed since the defendant was convicted, or after he turns age 21, whichever occurs first.

See my previous blog posts about how to get a Missouri DWI or MIP conviction expunged.

Click here for information about what kinds of traffic convictions stay on your Missouri driving record forever.

 

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