Understanding Criminal Record Expungement In Missouri

Last updated on February 13, 2025

Expungement allows for removing a criminal conviction from one’s record, offering a fresh start. Missouri laws regarding expungement have significantly broadened since January 1, 2018, making numerous non-violent and non-sexual offenses eligible for expungement, including certain marijuana-related crimes.

Eligibility For Expungement

Misdemeanors and non-Class A felonies are eligible, with certain exceptions. Alcohol-related driving offenses and other criminal convictions have distinct eligibility criteria.

In order for an alcohol-related driving offense to qualify for expungement the following criteria must be met:

• At least ten years must have passed since the conviction.
• The offense was a misdemeanor or ordinance violation and the first intoxication-related offense.
• No subsequent alcohol-related offenses.
• No pending alcohol-related actions at the hearing.
• Not convicted for driving a commercial vehicle under the influence of alcohol.

Certain offenses like Class A felonies, dangerous felonies or those requiring sex offender registration aren’t eligible. Eligibility criteria include:

• Seven years (for felonies) or three years (for misdemeanors) have passed since completing probation, parole or sentence.
• No convictions during the specified period.
• Fulfillment of all disposition obligations.
• Absence of pending charges.
• Demonstrating non-threat to public safety.
• Petition filing in the county circuit court of conviction.

While expungement can help clear your record, expunged offenses may need disclosure under specific circumstances during employment or professional licensing applications. Certain professions or employment areas require disclosure, while others may permit answering “No” to questions about past convictions.

What To Expect In The Expungement Process In Missouri

The expungement process in Missouri involves these structured steps to remove eligible offenses from your record:

● Seek legal assistance: Missouri’s expungement laws require precise navigation of deadlines, paperwork and court procedures, which only an attorney who understands these laws can achieve. They will review your case, determine eligibility and help ensure all legal procedures are followed correctly to prevent unnecessary errors that could delay the process.
● Evaluate your case: Your attorney reviews your criminal history, confirms required waiting periods (three years for misdemeanors, seven for felonies) and verifies completion of sentencing terms like probation or fines. This step helps ensure no unresolved obligations could delay your petition.
● Gather documentation: You will need to collect key documents, including court records, sentencing information and proof of completed probation or parole. These documents demonstrate that you have met the eligibility requirements and support your petition for expungement.
● File the petition: A petition must be filed in the circuit court where the conviction occurred, including case details, reasons for requesting expungement and evidence of rehabilitation. The court will review this petition to determine if your case qualifies.
● Notify the prosecutor and relevant agencies: After filing, the prosecutor’s office and relevant law enforcement agencies will be notified, at which time they may object to the expungement if they believe it is not warranted. If no objections are raised or if the court finds them insufficient, the process moves forward.
● Court review and hearing: Judges typically rule on petitions within 60 to 90 days. If the state objects, a hearing is scheduled. Your attorney presents arguments, counters objections and highlights compliance with legal standards to secure approval.
● Finalize the expungement: Once approved, confirming that the expungement has been processed is important, as well as checking your criminal record.

Timing varies by case complexity, but having organized records and legal guidance streamlines the process. Errors in filings or missed deadlines can result in denials, requiring refiling and extended waits. As such, you need an experienced attorney to handle your case.

The Next Step Toward Expungement

If you have queries regarding expungement or seek to clear your record, contact our lawyers at Boehmer Law by calling 636-549-8300 or contacting us online for a free consultation appointment.