How to Get a First-Time MIP Conviction Expunged in MissouriPosted on
You can get your first-time MIP (Minor in Possession) conviction expunged from Missouri court records, but you must wait to file your petition for expungement until 1 year has passed since the conviction date, or until you have turned age 21, whichever comes first.
What is an MIP?
According to Missouri Minor in Possession law, a person under age 21 is guilty of misdemeanor “Minor in Possession” or “Possession by Consumption” if he or she:
- purchases, or attempts to purchase intoxicating liquor,
- possesses any intoxicating liquor,
- is visibly intoxicated, or
- has a detectable blood alcohol content of more than two-hundredths of one percent or more
What’s the Punishment for an MIP?
If it’s your first MIP, the maximum punishment in Missouri is a $300 fine. For a 2nd MIP conviction, the maximum penalty is 1 year in jail and a $1,000 fine.
An MIP Conviction Will Cause Your License to be Suspended
If you are convicted of Minor in Possession or Possession by Consumption, your driver’s license will be suspended for 30 days if it’s your first MIP. For a 2nd MIP, your license will be suspended for 90 days. For a 3rd MIP, your license will be revoked for 1 year.
MIP Convictions Don’t Automatically Get Expunged
Contrary to popular belief, MIP convictions don’t automatically get expunged from your criminal record after you turn 21. You must file a petition for expungement in court, and the judge must approve it, before the record of your MIP can be removed from the court records.
Do You Have to Hire an Attorney to Get an MIP Conviction Expunged?
You are not required to hire a lawyer to get your MIP conviction expunged.
Most people with an MIP conviction want to get the conviction expunged from their criminal record because such a conviction may prevent them from getting a job, being accepted into college, renting an apartment, etc.
If you choose to represent yourself, you will have to file a petition for expungement in the court where you pleaded guilty or were convicted, and you will have to attend a hearing before a judge. The City (or State, if your case is in Circuit Court) will be represented by the prosecuting attorney, who may present evidence against you if the City or State opposes your petition for expungement.
What Do You Have to Prove in Court to Get an MIP Conviction Expunged?
At the hearing, you will be required to show the court that
1) you have had no other alcohol-related convictions or alcohol-related enforcement contacts since your original MIP conviction, and
2) you are applying for expungement at least 1 year after the original conviction date, or after you reached age 21.
An Attorney Can Get Your MIP Charge Dismissed or Reduced to a Lesser Offense
If you have been charged with an MIP in Missouri but you have not been convicted yet, you can hire an attorney to represent you. Your attorney can prevent you from losing your driver’s license and having an MIP conviction on your permanent record.
Depending on your prior criminal history, the court your case is being prosecuted in, and the details of your specific case, an attorney may be able to get your MIP charge dismissed or reduced to a lesser offense, such as “Littering.” You may have to pay a fine, or you may be required to attend an alcohol education class and/or perform a few hours of community service.
If you have been charged with an MIP in Missouri and would like to get a price quote for legal representation, call St. Louis MIP lawyer Andrea Storey Rogers at (314) 724-5059 or email her at [email protected].
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