Posted on

Expungement of Bad Check Conviction

A conviction for passing a bad check can be expunged (removed) from your criminal record, thanks to a new Missouri law that allows the expungement of old convictions for certain types of misdemeanors and felonies. The new expungement law is section 610.140 of Missouri House Bill No. 1647. 

Which Felonies and Misdemeanors Can be Expunged?

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

Misdemeanor or Felony:

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

You Can Request an Expungement Without Hiring a Lawyer

To request an expungement of a conviction for passing a bad check (either felony or misdemeanor), you must file a petition in court. You can request the expungement of the record of the arrest, plea, trial, or conviction.

You don’t have to hire an attorney to file a petition for expungement of criminal records in Missouri, but there will be a hearing in front of a judge. If the judge dismisses your petition for expungement, you will have to wait another year before re-filing, and the court will charge a $100 fee each time you file a new petition.

Click here for the form you must file to expunge an arrest record or conviction.

Requirements for Expungement

The purpose of the court hearing is to determine if you have met the following requirements for expungement:

    • 10 years (for a misdemeanor) or 20 years (for a felony) have passed since the person completed his imprisonment, probation, or parole
    • You have not been found guilty of any misdemeanor or felony during that time
    • You have paid all restitution ordered by the court
    • Your circumstances and behavior warrant expungement
    • Expungement is consistent with the public welfare

First-Time DWI and MIP Convictions Can Be Expunged  

Other than the misdemeanors and felonies listed above, no other criminal records can be expunged in Missouri except 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 conviction date, or after the defendant turns 21, whichever occurs first. See my previous blog posts about how to get a Missouri DWI or MIP conviction expunged.

Convictions for possession of drugs or drug paraphernalia can not be expunged.