Expungement

Expungement in Missouri

Expungement Being arrested or convicted of a crime can have a long-lasting impact on your life. A criminal record can make it difficult to find employment, secure housing, maintain or acquire professional licenses, or even apply for loans. However, under Missouri Revised Statute §610.140, you may have an opportunity to remove or seal your criminal record through a process known as expungement. Expungement offers individuals a second chance by clearing their record of certain arrests or convictions from public record, allowing them to move forward without the burden of a criminal history.

At Combs Waterkotte, our Missouri criminal defense lawyers help individuals navigate the process of expungement and record sealing to regain their reputation and opportunities. Understanding whether you are eligible and how the process works can be key to starting over with a clean slate.

What is Expungement?

Expungement is a legal process that allows individuals to remove certain arrests, charges, or convictions from their criminal record. In Missouri, once an expungement is granted, the incident is treated as though it never occurred. This means that, under most circumstances, you are no longer legally required to disclose the expunged offense on job applications, housing applications, or in other situations where a background check may be conducted.

However, expungement does not completely erase the record. Law enforcement agencies, courts, and certain government bodies may still have access to the sealed record in certain situations.

Eligibility for Expungement in Missouri

Not all crimes are eligible for expungement in Missouri, but the state does allow for a wide range of offenses to be expunged. In 2018, Missouri expanded its expungement law, making it possible for many more individuals to apply to have their criminal records cleared.

Here are some important guidelines on eligibility:

• Non-violent felonies and misdemeanors: Many non-violent felonies and misdemeanors may qualify for expungement, including property crimes and certain drug offenses.
• Traffic offenses: Some traffic offenses may also be expunged, but more serious driving violations, such as DWI/DUI, are generally not eligible, unless it’s a first time offense.
• Waiting period: For most felonies, you must wait seven years from the completion of your sentence before applying for expungement. For misdemeanors, the waiting period is three years.

Crimes that cannot be expunged include:

• Major felonies (Class A felonies).
• Dangerous felonies (like violent crimes).
• Dangerous felonies (like violent crimes).
• Sex offenses that require registration.
• Crimes that involve death, assaults, domestic violence, kidnapping, and certain specific offenses listed in Missouri law.
• DUI/DWI offenses related to intoxicated driving.
• Crimes where a commercial driver’s license is involved.

The Expungement Process in Missouri

The process for expungement involves several steps, and it is important to ensure that all requirements are met for a successful petition.

Petition: The first step in seeking expungement is filing a petition in the court where the offense was originally charged. This petition must include details about the offense, the case number, and information showing why you are eligible for expungement.

Notice to Prosecutors and Law Enforcement: After filing the petition, notice must be given to the prosecuting attorney, law enforcement agencies, and any other parties involved in your case (including any victims of your crime). These parties have the right to object to your expungement request.

Court Hearing: A hearing is typically required before a judge who will decide whether to grant the expungement. During this hearing, you may need to show evidence of your rehabilitation, demonstrate that you have complied with the conditions of your sentence, and prove that expungement is in the interest of justice.

Approval or Denial: If the judge grants the expungement, the court will issue an order directing law enforcement agencies and other entities to seal or remove the record. If denied, you may be able to appeal the decision.

Benefits of Expungement

Having your record expunged can provide significant benefits, including:

• Employment opportunities: Many employers conduct background checks, and a criminal record can be a barrier to getting hired. With an expunged record, you can legally answer “no” when asked if you have been convicted of a crime in most situations.
• Housing applications: Landlords often conduct background checks on prospective tenants, and a criminal record can make it difficult to secure housing. Expungement allows you to apply for housing without the stigma of a criminal record.
• Professional licenses: Certain professional licenses may be off-limits to individuals with a criminal record. Expungement can help you regain eligibility for licenses in fields such as healthcare, law, and finance.

Can Expungement Be Denied?

While many individuals qualify for expungement, it is not automatically granted. The court may deny an expungement if:

• The waiting period has not been met.
• Outstanding legal issues remain, such as pending criminal charges.
• Restitution, fines, or court costs have not been paid.
• Objections from law enforcement, prosecutors, or victims are raised, indicating that expungement is not in the best interest of the public.

It’s important to work with an experienced attorney who can help you meet all the requirements and advocate on your behalf during the expungement process.

How Combs Waterkotte Can Help with Expungement

Navigating the expungement process can be challenging, but having an experienced criminal defense attorney on your side can make all the difference. At Combs Waterkotte, we have helped clients across Missouri clear their records and start fresh. We will:

• Assess your eligibility: We’ll review your case and determine whether you qualify for expungement or record sealing.
• File your petition: We handle the paperwork, ensuring your petition is filed correctly and all legal requirements are met.
• Represent you in court: If a hearing is required, we will present your case before the judge and advocate for the expungement of your record.

Get a Fresh Start with Expungement in Missouri

If you are ready to put your past behind you and move forward with your life, contact Combs Waterkotte today. Our experienced Missouri expungement attorneys are here to help you clear your record and regain control of your future.

Call us now at (314) 900-HELP or contact us online to schedule a free consultation and take the first step toward expunging your criminal record.