Expungement is a court-ordered process in which the legal record of an arrest or a criminal conviction is “sealed,” or erased in the eyes of the law. The effect of an expungement is to restore such person to the status he or she occupied prior to an arrest, plea or conviction as if such event had never happened.
The availability of expungement, and the procedure for getting an arrest or conviction expunged, will vary according to the type of charge as well as a number of other factors. Contact the Lednick Law Firm at (636) 638-2150 to learn more.
Having a felony or a misdemeanor charge on your criminal record can be detrimental to your ability to:
Missouri law allows expungement of a DWI arrest, plea or conviction to be expunged after a period of ten (10) years assuming the following conditions are met:
Missouri law allows expungement of a MIP arrest, plea and conviction to be expunged if the following conditions are met:
If your license has been suspended, revoked, or denied, you might be eligible for a Limited Driving Privilege. A limited driving privilege is essentially permission to drive to limited places during limited times when your license is suspended or revoked. We will file the necessary paperwork with the Department of Revenue or petition the Circuit Court to obtain your limited driving privilege.
If you have been convicted for the first offense of DUI/DWI you are eligible for a Restricted Driving Privilege. There are basically two ways that you can obtain this privilege. After serving the initial 30 days of your 90-day suspension you can obtain an RDP by filing a proof of SR-22 insurance with the Department of Revenue. Alternatively, you may obtain an RDP immediately which covers the entire 90 day suspension period by filing a proof of SR-22 insurance and installing an ignition interlock in your vehicle for the 90 day period. If you have more than one alcohol-related conviction you are not eligible for an RDP but may still apply for a Limited Driving Privilege.
If your driver's license has been denied for a period of five or ten years, you must obtain a court order to get your license back. This requires filing a petition in the Circuit Court of the county in which you obtained your last DWI conviction. At some point, the court will hold a hearing where the judge will decide whether you driving would pose a threat to public safety. If you are nearing the end of your period of denial you should begin the process of seeking a court order so that you can have your license back on the very first day you are eligible. Call us today for a free assessment of your case so that we get you legally driving as soon as you are eligible.
If you have only served a portion of your five or ten-year denial you may still have options. In most cases, you will likely be eligible for a limited driving privilege during this intervening period. The only caveat is that anyone with a felony conviction on their driving record must wait five years before they can file a petition for a limited driving privilege.
We can help ensure that you keep driving so you can continue to work and support your family without living in constant fear of being pulled over and arrested for driving while revoked. No matter what your driver's license issue is we have the know-how to handle it. Don’t be without the ability to drive for any longer than necessary. Get the experience you need from a former Jefferson County First Assistant Prosecuting Attorney who is experienced in driver license law. Please call us today for a free consultation and evaluation of your driver’s license case. The choice of a lawyer is an important decision and should not be based solely upon advertisements.
Yes. Missouri law provides that a petition to expunge records related to an arrest for an eligible offense, violation, or infraction may be made in a court of in the county where the petitioner was arrested, provided that, the court determines that the arrest was based on false information and the following conditions exist: (1) there is no probable cause, at the time of the action to expunge, to believe the individual committed the offense; (2) no charges will be pursued as a result of the arrest; and (3) the subject of the arrest did not receive a suspended imposition of sentence for the offense for which the arrest was made or for any offense related to the arrest.
In 2016 both houses of the Missouri legislature passed, and the governor signed Senate Bill 588. This law doesn’t go into effect until January 1, 2018, however, at that time it will significantly expand the types of offenses that are eligible for expungement in the State of Missouri.
Under the new Missouri expungement law:
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