We routinely receive phone calls from potential clients wanting to have their criminal records expunged. Missouri’s criminal expungement laws are fairly limited. Section 610.140 RSMo., allows for the expungement of very few felony and misdemeanor criminal records. The felonies must be over twenty years old and misdemeanors ten years old with no other criminal offenses (excluding traffic) committed during those time periods. According to the statute, you can have your criminal records expunged only if you have been convicted of:

Felonies and Misdemeanors:

Passing a bad check
Fraudulently stopping payment of an instrument
Fraudulent use of a credit device or debit device

Misdemeanors only:

Negligent burning or setting of a fire
Tampering in the second degree (joyriding, illegal connection to a utility or illegal tampering with a utility meter)
Property damage
Trespass
Gambling
Peace disturbance
Drunkeness/Drinking in schools, churches and courthouses

Other crimes which may be expunged include a first offense, misdemeanor DWI charge that is at least 10 years old. You cannot have any subsequent alcohol-related driving offenses; any subsequent alcohol-related enforcement contacts, any other alcohol-related driving charges, or alcohol-related enforcement actions pending at the time of the expungement hearing.

Missouri law also allows for the limited expungement of a first offense, misdemeanor minor in possession (MIP) charge that is at least 1 year old or if the individual has turned 21 and there have been no other alcohol-related convictions or “alcohol-related enforcement contacts” as defined in Section 302.525(3) RSMo.

To have your criminal records expunged, if you have been convicted of one of the above offenses, you must file a petition in the court in which the conviction was entered. The petition must name as defendants every state agency that may possess the conviction records. After a hearing, the court must find that the petitioner meets every criteria, including full payment of any restitution ordered; and that the “circumstances and behavior of the petitioner warrant the expungement;” and that the expungement is “consistent with the public welfare” before an order of expungement can be entered.

Although you are not required to hire a lawyer to obtain an expungement, most people will want an attorney to file the lawsuit and conduct the evidentiary hearing. If you want to pursue having your record expunged and you have been convicted of one of the above offenses, call our criminal defense attorneys at 573-686-2459, and let us work on cleaning up your criminal record.