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Withdraw Your Guilty Plea To Remove A Conviction From Your Record

Missed Court Date

You can withdraw your guilty plea for a speeding ticket or criminal offense such as marijuana possession or shoplifting if 1) not much time has passed since your plea, and 2) you did not have an attorney representing you when you pleaded guilty.

Withdraw Your Guilty Plea For A Speeding Ticket And Remove Points From Your Driving Record

When you plead guilty to a moving violation, points are added to your Missouri driving record. If you accumulate too many points, your driver’s license will be suspended or revoked. Click here for a list of Missouri traffic violation points.

If you withdraw your plea and hire an attorney to get your ticket reduced to a non-moving, no-point infraction, the points will be removed from your driving record.

Removing points from your driving record can lift your license suspension and prevent an increase in your car insurance rates.

Withdraw Your Guilty Plea For A Criminal Charge And Remove The Conviction From Your Criminal Record

If you have pleaded guilty to a misdemeanor, such as possession of marijuana or shoplifting, it’s not too late to change your mind and withdraw your plea.

Many people plead guilty to a minor criminal offense and later realize the conviction is causing them problems when trying to rent an apartment or get a job, internship, or financial aid for college.

An experienced criminal defense attorney can withdraw your guilty plea and get your criminal charge dismissed or reduced to a less serious offense, such as “Littering,” which does not show up on a criminal record.

How Can An Attorney Help You Withdraw Your Guilty Plea

You can’t just walk in to court and tell the judge you changed your mind and want to withdraw your guilty plea. You will need to hire an experienced attorney to file the right motion and represent you in court if you want to successfully withdraw your guilty plea.

If the judge allows you to change your plea from “guilty” to “not guilty,” then your attorney will meet the Prosecuting Attorney to get the original charge reduced to a less serious offense. For example, your attorney can get a speeding ticket reduced to “Illegal Parking” or a shoplifting charge reduced to “Littering.”

Your attorney can walk you through the process and tell you what to expect. The outcome of your case depends on the following:

  • Which court is your case being prosecuted in?
  • Do you have prior arrests, charges, or convictions on your criminal record?
  • How much time has passed since you pleaded guilty?
  • Did you have an attorney representing you when you pleaded guilty?

In many cases in which a defendant hires an attorney to withdraw their guilty plea, the defendant does not have to appear in court at all.

What Happens After You Withdraw Your Guilty Plea

Once you withdraw your guilty plea and a new plea bargain deal is negotiated, the Prosecutor will assess a new fine for the amended charge. The new fine may be higher than the fine you already paid when you pleaded guilty to the original charge. You will have to pay the difference between the original fine amount and the new higher fine.

After you withdraw your plea and pay the difference between the old fine and the new fine, the court will revise their records and the original conviction will be removed from your record.

For example:  If your original guilty plea was for a speeding ticket, the original speeding conviction (and the points) will be removed from your driving record. If the original conviction caused your license to be suspended, removing the points will lift the suspension.

Other Ways To Avoid Adding Points To Your Driving Record

If you have not already pleaded guilty to a traffic violation, here are some suggestions for how to keep speeding ticket points off your driving record:

  • If you have not already paid the fine and pleaded guilty, you can hire a traffic law attorney to get your speeding ticket reduced to a non-moving, no-point infraction that won’t affect your driving record or car insurance rates.
  • Ask the judge to let you attend traffic school to remove the points from your driving record. This option may not be available in all counties, and it does NOT hide the speeding conviction from your insurance company.

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For a free consultation about withdrawing your guilty plea, contact St. Louis attorney Andrea Storey Rogers at (314) 724-5059 or [email protected]

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How To Clean Up Your Driving Record in Missouri

Call St. Louis traffic law attorney Andrea Storey Rogers today at (314) 724-5059 to clean up your Missouri driving record.

Withdraw Your Guilty Plea To Get a Clean Driving Record

When you plead guilty to a speeding ticket, three things happen:

  1. A conviction shows up on your driving record.
  2. Points are added to your driving record.
  3. Your insurance rates will probably increase.

If you accumulate too many points on your driving record, your license will be suspended or revoked.

Many defendants have hired me to withdraw their plea because their license has been suspended for having too many points on their driving record and they need to get those points removed from their record. Often, people don’t realize how many points they have on their driving record until they receive a warning from the state that their license is about to be suspended or revoked.

Some people hire me to withdraw their guilty plea and get their ticket reduced to a no-point violation because they have been offered a job that requires that they have a clean driving record.

Regardless of the reason, if you want to clean up your driving record and remove points, you will need to hire an experienced traffic law attorney to withdraw your guilty plea.

How to Withdraw Your Guilty Plea For a Speeding Ticket 

First, your attorney will file a motion with the court to withdraw your guilty plea.

Next, if the judge approves the motion to withdraw your guilty plea, your attorney will then work out a deal with the Prosecutor to reduce your speeding ticket to a non-moving no-point violation that won’t affect your driving record or insurance rates.

In many cases, the attorney can take care of everything without the defendant having to appear in court.

Please Note:  It is much more difficult, if not impossible, to withdraw your guilty plea if you were represented by an attorney when you originally pleaded guilty, or if too much time has passed since your guilty plea.

Withdrawing Your Plea Removes Points From Your Driving Record

After your attorney withdraws your guilty plea and reduces your speeding ticket to a non-moving, no-point violation, the court will require you to pay the difference between the original fine you already paid and the new fine assessed by the Prosecutor.

Then the points for the original speeding ticket will be removed from your driving record and there will be no conviction on your driving record.

Withdrawing Your Guilty Plea Can Lift Your Driver’s License Suspension

If your driver’s license was suspended because you accumulated too many points on your driving record, withdrawing your guilty plea and getting your ticket reduced to a no-point violation will clean up your record and lift your suspension. 

You Can Also Withdraw Your Guilty Plea For a Criminal Offense

If you pleaded guilty in the past to a criminal offense and you have now changed your mind about your plea, you can withdraw your guilty plea and hire an attorney to negotiate a plea bargain with the Prosecutor to get your criminal charge dismissed or reduced to a lesser offense.

Click here to read my previous blog post about how to withdraw your guilty plea for a criminal offense, such as marijuana possession, drug paraphernalia, or shoplifting.

To withdraw your guilty plea and clean up your driving record, call St. Louis attorney Andrea Storey Rogers at (314) 724-5059 for a flat-fee price quote for legal representation. Or email Andrea at [email protected]

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How to Withdraw Your Guilty Plea

Call St. Louis attorney Andrea Storey Rogers today at (314) 724-5059 about withdrawing your guilty plea for a Missouri speeding ticket or criminal charge.

You Can Change Your Mind After Pleading Guilty

It is possible to change your mind after pleading guilty to a speeding ticket or criminal offense such as marijuana possession or shoplifting if you were not represented by an attorney when you pleaded guilty.

Withdrawing a Guilty Plea Can Remove Points From Your Driving Record

Withdrawing your guilty plea for a speeding ticket or other traffic violation will remove the points that were added to your Missouri driving record when you paid the fine.

Some people need points removed so a license suspension can be lifted, while others want points removed to prevent an increase in their car insurance rates

Get a Conviction Off Your Criminal Record by Withdrawing Your Guilty Plea 

Anyone who pleads guilty to a minor criminal offense, such as marijuana possession, drug paraphernalia, or stealing, quickly realizes that the conviction shows up on their criminal background report. Even a minor criminal conviction can prevent you from getting a job, renting an apartment, or getting financial aid for school.

In many cases, an experienced attorney can withdraw the guilty plea and negotiate a plea bargain deal with the Prosecutor to get your criminal charge dismissed or reduced to a lesser offense, such as “Littering.” Having a conviction for “Littering” on your criminal record is much better than a conviction for drug possession or stealing.

How to Withdraw Your Guilty Plea

Hire an experienced attorney to help you withdraw your guilty plea. Your attorney will file a motion with the court to request that the judge allow you to withdraw your guilty plea.

If the judge agrees to let you change your plea, then your attorney will  negotiate a plea bargain deal with the Prosecutor to get your traffic ticket amended to a non-moving no-point violation.

Or, if you are withdrawing a guilty plea for a criminal offense, your attorney will negotiate with the Prosecutor to get your criminal charges dismissed or amended to a lesser offense.

In many cases of withdrawing a guilty plea, the defendant does not have to appear in court at all.

What Happens After You Withdraw Your Guilty Plea?

Once your attorney successfully withdraws your guilty plea and negotiates a plea bargain deal with the Prosecutor, a new fine will be assessed by the Prosecutor. The new fine will be higher than the fine you already paid. The court will subtract the amount you already paid from the new higher fine and you will pay the difference.

Then the court will revise the court records to remove the original conviction from your record. So, if you originally pleaded guilty to marijuana possession but your attorney was able to change your plea and get the charge amended to “Littering,” your criminal record will now show that you have a conviction for “Littering.”

If you originally pleaded guilty to speeding and your attorney withdrew your guilty plea and got your ticket amended to “Illegal Parking,” the points will be removed from your driving record and there will be no conviction on your record.

To change your plea or withdraw your guilty plea for a traffic ticket or criminal offense, call St. Louis attorney Andrea Storey Rogers at (314) 724-5059 to discuss your case and get a price quote for legal representation. Or email Andrea at [email protected]

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Some Drug and Alcohol Convictions Stay on Your Missouri Driving Record Forever

The following drug & alcohol-related convictions stay on your Missouri driving record forever:

    • DUI/DWI (Driving While Intoxicated)
    • DUID (Driving Under the Influence of Drugs)
    • Excessive BAC (Blood Alcohol Content)

Please Note:  It is possible to get a first-time DUI conviction expunged after 10 years of good behavior. (See below for further information regarding expungement of a first-time DUI.)

Types of Convictions That Stay on Your Missouri Driving Record Forever

In a previous blog post about convictions that stay on your driving record forever, I listed the types of convictions that remain permanently on your Missouri driving record. In addition to DUI, DUID, and Excessive BAC, the following convictions stay on your Missouri driving record forever and are not eligible for removal:

    • No Insurance
    • No Driver’s License (state, not municipal)
    • Vehicular Manslaughter
    • Driving While Suspended or Revoked
    • Leaving the Scene of an Accident (state, not municipal)
    • Any Felony

What is Expungement?

Expungement is the removal or deletion of all court records of your arrest, plea, trial or conviction. The only types of alcohol-related convictions that are eligible for expungement in Missouri are first-time DUI or MIP convictions. The option of expungement is not available for felony DUIs or for anyone convicted of driving a commercial motor vehicle while under the influence of alcohol.

How to Get a First-Time DUI Conviction Expunged

Missouri law allows anyone who pleaded guilty to, or was convicted of, a first-time misdemeanor DUI to apply to have the court expunge (remove or delete) the DUI charge 10 years after the offense occurred, as long as the individual has had no other alcohol-related driving convictions, “alcohol-related enforcement contacts,” or any pending “alcohol-related enforcement actions” within the 10-year period since the conviction. See Missouri statute RSMo 302.525.3 for an explanation of what is an alcohol-related law enforcement contact.

If a judge finds that you meet these requirements, then the court will enter an order of expungement, and all records of your DUI arrest, plea, trial, or conviction will be deleted.

How to Get an MIP Conviction Expunged

For a first-time MIP conviction to be expunged, you must show that you have had no other alcohol-related convictions or “alcohol-related enforcement contacts” since the original MIP conviction, and that you are applying for expungement at least 1 year after the original conviction date, or after you have reached age 21.

Marijuana and Drug Paraphernalia Convictions Stay on Your Criminal Record Forever and Can Not be Expunged

If a police officer pulls you over for a traffic stop and charges you with possession of drugs (marijuana) or drug paraphernalia (such as a pipe) and you are convicted of those charges, no points will be added to your Missouri driving record for that conviction. However, a conviction for possession of drugs or drug paraphernalia will remain on your criminal record forever.

An Attorney May be Able to Get Your Drug Possession Charges Reduced to a Lesser Offense

When facing a misdemeanor charge of possession of drugs or drug paraphernalia, you can hire an attorney to negotiate a plea bargain with the court to get your drug charges dismissed or reduced to a lesser offense, so they won’t show up on your permanent criminal record. Keep in mind that your chances of success are not as good if you have multiple prior drug-related convictions on your record.

The outcome of your case depends on which court your case is being prosecuted in, your criminal history, and the details of your specific case.

While expungement is an option for some first-time DWI or MIP convictions, drug-related convictions can never be expunged from your Missouri criminal record.

The Court May Order You to Attend “ADEP” or “SATOP” Class

If your attorney is able to get your drug possession charges reduced to a lesser offense, you will have to pay a fine and court costs, and you may also be required to take a court-ordered class, such as “ADEP” (Alcohol and Drug Education Program) or “SATOP” (Substance Abuse Traffic Offender Program).

Depending on the facts of your case, you may be offered an “SIS” (Suspended Imposition of Sentence) and 1 or 2 years of unsupervised probation. With an “SIS,” no conviction is entered on your permanent record if you successfully complete your period of probation without any further convictions.

If You Have Already Pleaded Guilty to Drug Possession Charges, an Attorney May be Able to Withdraw Your Guilty Plea

If you have already pleaded guilty to drug charges, it may be possible for an attorney to withdraw your guilty plea and negotiate a plea bargain with the court to have your drug charges reduced to a lesser offense.

However, if too much time has passed since your guilty plea, or if you were originally represented by an attorney when you pleaded guilty, the court may not allow the withdrawal. For more information, go to the Withdrawal of Guilty Plea page on my website.

If you have been charged with possession of marijuana or drug paraphernalia and would like a price quote for legal representation, contact St. Louis traffic law attorney Andrea Storey Rogers at (314) 724-5059 or email her at [email protected]

[This post was updated on November 11, 2013.]