Being convicted of a crime may feel like a permanent stain, but for certain offenders convicted of certain crimes, the state of Missouri offers expungement, which some states refer to as “Record Sealing.” Expungement seals or destroys criminal records. While law enforcement and certain government agencies will still have access to your records, expungement hides your record from public view and you can legally state that you have not been convicted of the expunged crime. Expungement offers a fresh start and a chance to overcome the barriers posed by past offenses, including improved employment opportunities, better housing options, and restored rights.
Four Types of Records in Missouri
In Missouri, there are four primary types of records that can be considered for expungement. Each type of record has its own unique implications and impacts on an individual’s life, and it’s own eligibility requirements.
Expunging a Driving Record
Your driving record includes any traffic violations or DWI/DUI offenses:
- Minor Traffic Violations: Certain minor traffic offenses, such as speeding or minor accidents, can be expunged. Eligibility generally requires a clean record for a specified period and no subsequent violations.
- Alcohol-Related Offenses: First-time DWI offenses may be expunged under specific conditions. Missouri law allows expungement if:
- It is a first-time offense
- Ten years have passed since the completion of any related sentence, including probation
- No other alcohol-related driving offenses have occurred during that time
- General Eligibility Criteria:
- No commercial driver’s license at the time of the offense
- The offense did not involve a DWI accident or result in injury
Expunging a Arrest Record
Even if you are not charged or convicted of a crime, the record of your arrest will still be available to the public unless you have it expunged. Arrest records can be expunged in two cases:
- If you were arrested but no charges were filed, you may be eligible for expungement. This typically involves filing a petition and demonstrating that you meet the criteria set by Missouri law.
- If the charges were dismissed or you were acquitted, you can apply for expungement. Missouri law requires that you wait a specific period, generally three years, without any subsequent criminal convictions.
Eligibility Criteria:
- No felony conviction in the past three years
- No pending charges at the time of the expungement petition
- Demonstrating that expungement is consistent with the public welfare
Expunging a Criminal Record
The record of your criminal convictions is held by the National Crime Information Center (NCIC). Under Missouri Revised Statute §610.140, Missouri law allows for misdemeanors and some felonies to be expunged:
- Misdemeanors: Many misdemeanors are eligible for expungement. Under Missouri law, you must wait three years after completing your sentence, including any probation or parole. For example, minor theft or drug possession offenses may qualify.
- Felonies: Certain non-violent felonies can be expunged after a seven-year waiting period post-sentence completion. This includes offenses like certain drug possession or property crimes. However, violent felonies, sexual offenses, and crimes involving minors are typically ineligible.
- Specific Exclusions:
- Class A felonies, such as first-degree murder
- Any “dangerous felony” as defined by Missouri Revised Statute §556.061, including violent crimes and domestic violence
- Any offenses requiring sex offender registration
- Felony kidnapping
- Multiple DWI/DUI offenses, or a DWI/DUI offense with a CDL
- Crimes involving endangering the welfare of a child
- Political crimes
- Illegal abortion
- Certain financial crimes
Expunging DSS (Department of Social Services) and CPS (Child Protective Services) Records
Records related to Child Protective Services (CPS) investigations can be more complicated due to the fact that victims or alleged victims are spouses and children. Expungement is typically more restrictive and may involve different procedures:
- Unsubstantiated Reports: Reports where there is not enough evidence to prove abuse or neglect occurred. These can be expunged immediately or within five years.
- Probable Cause Findings: There is enough evidence to believe abuse or neglect likely happened, but it is not definitive. These are retained for 10 years from the date of the report.
- Preponderance of Evidence Findings: There is more evidence for than against the occurrence of abuse or neglect. These are retained until the youngest child in the report turns 28 or 10 years, whichever is longer.
- Court-Adjudicated Reports: A court has legally determined that abuse or neglect did occur. These reports are retained indefinitely.
For all expungements, the process typically involves filing a petition with the court, providing notice to relevant parties, and possibly attending a hearing. Legal advice from an experienced criminal defense attorney is recommended to navigate the specifics of Missouri’s expungement laws and to ensure eligibility.
What Does “Demonstrating That Expungement Is Consistent With the Public Welfare” Mean?
“Demonstrating that expungement is consistent with the public welfare” means showing that clearing a person’s record will not harm society and may even benefit it. This involves proving that, in addition to meeting the technical requirements, you have been rehabilitated and are unlikely to commit future offenses. It also includes demonstrating that the expungement would help you reintegrate into society, such as by improving employment opportunities or housing prospects, and that maintaining the record serves no significant public interest.
Here are some key points typically considered:
- Rehabilitation Evidence: The individual must show they have been rehabilitated. This could involve evidence of stable employment, community service, or positive contributions to society since the offense.
- No Further Offenses: The individual should have no further criminal activity or arrests since the original offense. This period can vary but is typically several years.
- Impact on Employment and Housing: Showing that the expungement will help the person find better employment or housing, contributing to their stability and reducing the likelihood of reoffending.
- Public Safety Considerations: Demonstrating that expunging the record does not pose a risk to public safety. For instance, simple possession of a controlled substance might be eligible for expungement. If the individual was found possessing drugs near a school, the court might find that expunging the record would not be consistent with public safety due to the heightened risk to the community.
- Judicial Discretion: Ultimately, the judge has the discretion to decide whether expungement serves the public welfare, balancing the individual’s need for a clean record against any potential risks to the community.
This process often requires a formal petition and sometimes a hearing where you and your expungement attorney can present evidence and arguments supporting your case.
The Expungement Process in Missouri
The process for expunging a record in Missouri involves several steps, each requiring careful attention to detail to ensure a successful outcome. The expungement process in Missouri typically happens in four steps:
- Filing a Petition: To initiate the expungement process, the individual must file a petition in the circuit court of the county where the offense was adjudicated. The petition should include details about the offense, your criminal history, and reasons why the expungement should be granted. The petition forms can be found on our Missouri Criminal Defense Resources page, on the Missouri Courts website, and here:
- Serving Notice: The petition must be served to various parties, including the prosecutor, the law enforcement agency involved, and any victims of the offense.
- Court Hearing: After the petition is filed and served, a hearing will be scheduled. During the hearing, the judge will consider factors such as the nature of the offense, the individual’s behavior since the conviction, and the impact of the expungement on public safety. The burden of proof is on the petitioner to show that expungement is warranted.
- Court Decision: If the court grants the expungement, the records will be sealed. While the record is sealed from public view, law enforcement and certain government agencies can still access it.
How a Criminal Defense Lawyer Can Help With Your Expungement
Even if you believe you meet all the requirements for expungment, it’s never advisable to enter a petition or go to court without at least consulting with a criminal defense attorney first. Here’s how a defense attorney can assist you:
- Assessing Eligibility: A criminal defense lawyer will review your case to determine if you are eligible for expungement under Missouri law. Not all offenses are eligible, and specific conditions must be met. Your lawyer can help you understand if your conviction qualifies and what steps need to be taken.
- Gathering Necessary Documentation: The expungement process requires detailed documentation, including court records, proof of payment of fines, and other relevant information. A lawyer will assist you in gathering all the necessary documents and ensure they are correctly filed.
- Filing the Petition: Filing for expungement involves submitting a petition to the court, which must include all pertinent details of your case. A criminal defense lawyer will draft and file the petition on your behalf, making sure it meets all legal requirements and increases the chances of approval.
- Representing You in Court: If a hearing is required, your lawyer will represent you in court, presenting arguments on why your record should be expunged. They will advocate on your behalf, countering any objections from the prosecution or other parties.
- Navigating Complex Legal Procedures: Missouri’s expungement laws can be intricate, with various timelines, forms, and procedures that must be followed. A criminal defense lawyer will navigate these complexities, ensuring that everything is handled efficiently and correctly.
- Improving the Likelihood of Success: Having a lawyer increases the likelihood of a successful expungement. They will know how to present your case most effectively, addressing any potential issues and advocating for your best interests.
Expunging your criminal record in Missouri is a significant step toward regaining control over your future. With the help of an experienced criminal defense lawyer, you can navigate the process with confidence, increasing your chances of a successful outcome and allowing you to move forward with a clean slate.
