When Can You Expunge a Conviction in Missouri?
Missouri Revised Statute § 610.140 is the state expungement law. Over the past several years, lawmakers in Missouri have expanded the number of crimes for which expungement may be applicable.
Senate Bills Nos. 53, 60 and 588, 603, and 942 all expanded the list of crimes that may be expunged. Missouri Revised Statute § 610.140.2 lists the offenses not eligible for expungement as being any class A felony, any dangerous felony, felony offenses of assault, misdemeanor or felony offenses of domestic assault, or felony offenses of kidnapping, any felony offense in which death is an element of the offense, any offense requiring registration as a sex offender, any intoxication-related traffic or boating offense, or an offense of operating an aircraft with an excessive blood alcohol content or while in an intoxicated condition, any violation that is a substantial equivalent of any offense not eligible for expungement, any violation of state law or county or municipal ordinance regulating the operation of motor vehicles when committed by a person who has been issued a commercial driver’s license (CDL) or is required to possess a CDL issued by this state or any other state, and certain other offenses.
How Missouri Expungement Works
Before a person can file for expungement, they must pay off their fine, complete their probation or parole, and have a clean date of three years to be eligible for a felony expungement or a one-year wait for misdemeanor offense, municipal offense, or infraction expungement eligbility. A person needs to file a petition in the county court where they were charged or found guilty of any offenses.
There will be a $250 charge when a person files an expungement petition. A judge can waive the surcharge when a petitioner is determined to be indigent and unable to pay the cost.
In a petition, a person must name any entities they believe could have records regarding offenses, violations, and infractions outlined in the petition as defendants. Defendants will have 30 days after being served a petition to file objections to the expungement, and a court must hold a hearing within 60 days after a filed objection or 30 days after defendants were served and no objections were made.
If a court rules to expunge a conviction, a petitioner may maintain that they were not convicted of the alleged offense that was expunged. When an expungement petition is denied, a person can re-file the petition in a year or appeal the decision.
A person can be granted more than one expungement, when the total number is not more than one felony offense and two misdemeanors or ordinance violations that could have resulted in imprisonment.
Call Us Today to Schedule a Free Consultation with a St. Louis Expungement Lawyer
If you are trying to expunge your criminal record in Missouri, you are going to need to make sure that you have legal representation so you can be confident that you will get the most favorable outcome to your case. Bruntrager & Billings, P.C. understands how challenging expungement cases can be to make in court but we will prepare to make sure that you diligently present the strongest possible argument.
Our firm will take the time to fully review your case and present the strongest possible case for expungement. You may call (314) 646-0066 or contact us online for a free consultation with our St. Louis expungement lawyer.