JEFFERSON COUNTY MISSOURI EXPUNGEMENT LAWYER

Having a felony or a misdemeanor charge on your criminal record can be detrimental to your ability to:

• find a job

• vote

• purchase or carry a firearm

• rent a home or apartment

• take advantage of education opportunities

Driving While Intoxicated (DWI)

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:

(1) The DWI being expunged must be your first and only;

(2) The charge must have been a misdemeanor; and

(3) The petitioner must have no additional alcohol-related convictions or alcohol-related enforcement contacts.

Minor in Possession of Alcohol (MIP)

Missouri law allows expungement of a MIP arrest, plea and conviction to be expunged if the following conditions are met:

(1) It must be the first time you have plead or been found guilty of an MIP;

(2) The petition must be filed after a period of not less than one year after reaching the age of 21; and

(3) You must have no other You must have no other alcohol-related convictions or alcohol-related enforcement contacts.

Other offenses which may be expunged under current Missouri law include:

• Any felony or misdemeanor offense of passing a bad check

• Any felony or misdemeanor offense of fraudulently stopping payment of an instrument

• Any felony or misdemeanor offense of fraudulent use of a credit device or debit device

• Negligent burning or exploding

• Tampering in second degree

• Property damage in the second degree by knowingly damaging

• property of another

• Trespass in the first degree

• Gambling

• Private peace disturbance

• Drunkenness or drinking in prohibited places

• Any class B or C misdemeanor offenses of peace disturbance

(1) It must have been twenty (20) years if the offense is a felony or ten (10) years if the offense is a misdemeanor, municipal offense, or infraction since the person completed any sentence of imprisonment or any period of probation or parole.

(2) The person has not been found guilty of a misdemeanor or felony (not including traffic violations during the intervening time period.

(3) The person has paid any amount of restitution ordered by the court;

(4) The circumstances and behavior of the petitioner warrant the expungement; and

(5) The expungement is consistent with the public welfare.

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.

• All records relating to the offense, other than the court’s file, will be destroyed.

• All expunged records become confidential and only available with a court order.

• The highway patrol will advise the FBI to expunge your record from its files.

• Any of the restrictions put on you because of your punishment will be restored.

• You will be restored to the legal status you had prior to your arrest, plea, trial or conviction as if the incident never happened.

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:

(1) A person may seek expungement in any Missouri court in which the person was charged or found guilty.

(2) A petition may list all offenses that the person is seeking to have expunged.

(3) Although there is no set time period that must pass before applying for an expungement, a court may consider if seven (7) years have passed in felony cases or three (3) years have passed in misdemeanor cases.

(4) In addition, in determining whether to grant an expungement the court may consider:

• The person has not been found guilty of any other misdemeanor or felony, not including traffic violations, during the intervening period;

• The person has satisfied all obligations of the imposed sentence, including the payment of any fines or restitution;

• The person does not have charges pending;

• The petitioner’s habits and conduct demonstrate that the petitioner is not a threat to the public safety of the state; and

• The expungement is consistent with the public welfare and the interests of justice warrant the expungement.

(5) If the above conditions are met it is presumed that the expungement is warranted.

For a list of charges that will NOT be eligible for expungement under the new law, see below

Charges that may NOT be expunged under the new Missouri law include:

• (2) Any dangerous felony, including:

- Arson in the first degree

- Assault in the first degree

- Attempted rape in the first degree with physical injury

- Attempted forcible rape with physical injury

- Attempted sodomy in the first degree with physical injury

- Attempted forcible sodomy with physical injury

- Rape in the first degree

- Forcible rape

- Sodomy in the first degree

- Forcible sodomy

- Assault in the second degree if the victim of such assault is a special victim

- Kidnapping in the first degree

- Kidnapping

- Murder in the second degree

- Assault of a law enforcement officer in the first degree

- Domestic assault in the first degree

- Elder abuse in the first degree

- Robbery in the first degree