Can a Class B Felony Be Expunged From My Record? Expungement refers to the legal process by which a criminal record is sealed or removed from public view. For many people with a criminal record, expungement provides a second chance, allowing them to move forward without the burden of a past conviction.
In Missouri, expungement laws have recently evolved to allow more individuals to clear their criminal records. However, not all crimes are eligible for expungement, and Class B felonies often fall under stricter rules. Some non-violent Class B felonies may be eligible for expungement, but violent crimes, sexual offenses, and certain other serious offenses are usually not.
It’s best to speak with an experienced St. Louis criminal defense attorney to look over the specifics of your case and tell you if your convictions are eligible.
Eligibility Requirements for Expungement in Missouri
To expunge a Class B felony in Missouri, the following general conditions must be met:
- Waiting Period: Missouri law requires a significant waiting period before a petition for expungement can be filed. For felonies, an individual must wait 3 years from the completion of their sentence, including probation or parole.
- Clean Record Since Conviction: The individual must have no additional convictions or pending charges during the waiting period, with the exception of minor traffic violations.
- Completed Sentence and Restitution: All elements of the sentence, including fines, restitution, and any probationary terms, must be fully completed.
- Impact on Public Safety: The court must determine that granting expungement does not pose a threat to public safety.
Crimes Not Eligible for Expungement in Missouri
While some Class B felonies may be eligible, certain offenses are explicitly excluded from expungement under Missouri law. These include, but are not limited to:
- Any Class A felony
- Violent crimes, or “dangerous felonies” as defined by Missouri law
- Crimes requiring sex offender registration
- Any felony that results in death
- Felonies involving the use of a deadly weapon
For a complete list of non-expungable offenses, refer to Missouri Revised Statutes §610.140, which outlines the eligibility requirements and exclusions for expungement.
The Expungement Process in Missouri
Filing for expungement in Missouri involves several steps:
- Petition Filing: The individual must file a petition for expungement with the court that handled the original case. This petition will need to demonstrate that the individual meets all eligibility requirements.
- Notice to Prosecutors: The prosecuting attorney’s office must be notified of the petition. Prosecutors may choose to contest the expungement if they believe it is not warranted.
- Hearing: In most cases, the court will schedule a hearing where the petitioner can present their case for expungement. The judge will weigh factors like the petitioner’s conduct since the conviction and any objections from law enforcement or victims.
- Judge’s Decision: If the court is convinced that the petitioner meets the legal criteria and expunging the record will not harm public safety, the judge will grant the expungement.
It is important to note that while expungement can offer a fresh start, it does not entirely erase the conviction from all records. Expungement primarily removes the conviction from public and employer scrutiny, offering significant benefits in employment, housing, and other areas of life.
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Call Combs Waterkotte to Discuss Your Expungement in Missouri
The expungement of a Class B felony in Missouri is possible in certain cases, but eligibility depends on the nature of the crime, the individual’s post-conviction behavior, and whether the required waiting period has passed.
If you’re wondering whether your Class B felony can be expunged, contact us or call (314) 900-HELP for a free consultation to discuss your eligibility and the expungement process.
