Expungement

Criminal Record Expungement in Missouri

Criminal record expungment in missouri

Expungement is the process whereby a person who has been convicted of a crime has that conviction removed from their criminal record.  Expungements in of Missouri have historically occurred in very limited situations.  As of January 1, 2018, the process and application of expungement to criminal convictions will be significantly broader than it had been in the past.  If you think you are eligible, call Boehmer Law at 636-896-4020 for a free consultation appointment.


As of January 1, 2018, all misdemeanors and all non-Class A felonies will be eligible, subject to a long list of excepted offenses. Now, hundreds of non-violent, non-sexual crimes will suddenly be eligible for expungement — and that means some marijuana-related crimes as well.


For the purposes of Missouri expungements, convictions fall into two categories: alcohol-related driving offenses and all other offenses.


Expungement of Alcohol-related driving offenses
To qualify for an expungement of an alcohol related driving offense a person must meet the following requirements:
• At least ten years has elapsed since the conviction of the offense
• The conviction was for a misdemeanor or ordinance violation
• The offense was the defendant’s first intoxication-related offense
• The person has not been convicted of an alcohol-related driving offense since the first conviction
• The person has had no subsequent alcohol-related enforcement contacts
• There are no pending alcohol related actions at the time of the hearing
• The conviction was not for driving a commercial motor vehicle under the influence of alcohol

Expungement of All Other Criminal Convictions
Not all criminal convictions may be expunged. (See a specific list of convictions not eligible at the end of the article)
• Class A felonies
• Any dangerous felony (assault or robbery as examples)
• Any offense requiring registration as a sex offender
• Any felony offense where death is an element of the offense
• Any felony assault or kidnapping
• Any misdemeanor or felony domestic assault

Expungement of all other criminal convictions may be allowed if a person meets the following requirements:
• At least seven years (since the completion of a felony disposition) or three (since the completion of a misdemeanor disposition) has passed. The time of completion is not measured from the date of the conviction but, rather, from the date the person completed their probation, parole or sentence.
• The person has not been found guilty of any other misdemeanor or felony during the three or seven year period (whichever is applicable) referenced above.
• The person has satisfied all obligations of his or her disposition. This could include serving a sentence of incarceration, paying fines, and/or the successful completion of a term of probation or parole.
• There can be no pending charges against the person.
• The person’s habits and conduct must demonstrate that they are not a threat to public safety.
• The expungement is consistent with the public welfare and the interests of justice.
• To be considered for an expungement a person must file a petition in the circuit court of the county where the person was convicted. You may expunge two (2) misdemeanors or one (1) felony during your lifetime.

Expungement and Employment   
The fact that a person successfully expunges one (1) or more offense from their record does not mean that they will never have to disclose that they were convicted of a crime. The new law requires that anyone granted an expungement is required to disclose a conviction under certain circumstances when applying for employment or professional licensing. If a profession requires a license, certificate, or permit issued by Missouri the conviction must be disclosed in the application for that license. A conviction must also be disclosed if the individual is applying for employment in the following areas: emergency services providers; law enforcement agencies; banks or credit unions; the insurance industry; and any job where the employer is required to exclude applicants with criminal convictions from employment due to federal or state law.

When applying for other jobs, an applicant who has obtained an expungement may answer “No” as to that expunged offense when asked if they have ever been convicted of a crime. Consult an attorney if you don’t know how to answer that question on an application.
If you have questions about a possible expungement or wish to have something expunged from your record, please call Boehmer Law today at 636-896-4020 for a free consultation appointment.  

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Offenses Which May Not Be Expunged--Effective January 1, 2018


SECTION OFFENSE
 Any class A felony
 Any offense that requires registration as a sex offender
 Any felony where death is an element of the offense
 Any felony assault
 Any domestic assault
 Any felony kidnapping
 Any ordinance violation equivalent to an ineligible offense
 Any motor vehicle offense or violation when the individual has a CDL
556.061 Any dangerous felony
Ch. 566 Any offense listed in chapter 566 (sex offenses)
Ch. 577 Any intoxication-related traffic, boating or aircraft offense

105.454 Additional prohibited acts by certain public officials and employees
105.478 Violation of lobbying and conflict of interest laws
115.631 Class one election offenses
130.028 Discrimination or intimidation related to elections
188.030 Abortion of viable unborn child
188.080 Abortion performed by other than a physician with hospital privileges
191.677 Prohibited acts related to HIV
194.425 Abandonment of a corpse without notifying authorities
217.385 Violence or injury to property or others in the DOC
334.245 Abortions performed by someone other than a licensed physician
375.991 Fraudulent insurance act
389.653 Trespass to railroad property
455.085 Violation of protection order
455.538 Violation of protection order
557.035 Hate offenses
574.140 Cross burning
565.120 Kidnapping, 2nd degree
565.130 Kidnapping, 3rd degree
565.156 Child abduction
568.020 Incest
568.030 Abandonment of a child, 1st degree
568.032 Abandonment of a child, 2nd degree
568.045 Endangering the welfare of a child, 1st degree
568.060 Abuse or neglect of a child
568.065 Female genital mutilation
573.200 Child used in sexual performance
573.205 Promoting sexual performance by child
568.175 Trafficking in children
569.040 Arson, 1st degree
569.050 Arson, 2nd degree
569.055 Knowingly burning or exploding

569.060 Reckless burning or exploding
569.065 Negligent burning or exploding
569.100 Property damage, 1st degree
569.160 Burglary, 1st degree
570.025 Robbery, 2nd degree
570.030 Stealing
570.090 Forgery
570.100 Possession of a forging instrument
570.130 Fraudulent use of a credit or debit device
570.180 Defrauding secured creditors
570.223 Identity theft
570.224 Trafficking in stolen identities
570.310 Mortgage fraud
571.020 Possession, manufacture, transport, repair or sale of certain weapons
571.030 Unlawful use of weapons
571.060 Unlawful transfer of weapons
571.063 Fraudulent purchase of firearm
571.070 Possession of firearm for certain persons
571.072 Unlawful possession of an explosive weapon
571.150 Use or possession of a metal penetrating bullet in a crime
574.070 Promoting civil disorder, 1st degree
574.105 Money laundering
574.115 Making a terrorist threat, 1st degree
574.120 Making a terrorist threat, 2nd degree
574.130 Agroterrorism
575.040 Perjury
575.095 Tampering with a judicial officer
575.153 Disarming a police or correctional officer
575.155 Endangering a corrections employee
575.157 Endangering a mental health employee, visitor or other offender
575.159 Aiding a sexual offender
575.195 Escape from commitment, detention or conditional release
575.200 Escape or attempted escape from custody
575.210 Escape or attempted escape from confinement
575.220 Failure to return to confinement
575.230 Aiding escape of prisoner
575.240 Permitting escape
575.353 Assault on a police animal
577.078 Water contamination
577.703 Bus hijacking or attempt to hijack a bus
577.706 Planting a bomb in or near a bus terminal
632.520 Offender committing violence against an employee
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