Missouri Expungement Basics: 4 Things You Need to Know About Missouri Expungements

Missouri law allows people to expunge, that is, erase or delete, four types of records:

1. MINOR IN POSSESSION (MIP) OF ALCOHOL.

Missouri authorizes the expungement of a minor alcohol possession (MIP) conviction as long as certain requirements are met, including being twenty-two years of age or older when applying for expungement and having been guilty of only one Missouri MIP offense in their life.

2. ALCOHOL RELATED DRIVING OFFENSE (DWI/OWI).

Missouri code also allows cancellation of a person’s first alcohol-related driving violation; however, specific requirements must be met to qualify, including that the conviction occurred a minimum of 10 years ago, the offense was a misdemeanor (as opposed to a felony), and no similar convictions were received within the same ten years. years. If granted, the judge will order the removal of all records of your arrest, plea, lawsuit, or conviction.

3. MISDEMENS.

Effective July 12, 2012, a new Missouri law now allows certain misdemeanor conviction records to be expunged. To be eligible, you must have been convicted of one of the following types of misdemeanors and have completed all required probation or sentences at least ten years ago:

–Financial: Issuance of a bad check; fraudulently void a check payment; or improper use of a credit or debit card;

–Property Damage: Negligent burning; manipulation of a vehicle; Damaging property;

–Others: Invasion; play; disturbance of the peace; and/or public intoxication.

Additionally, a few felony convictions can be expunged if you completed all required parole or incarceration at least 20 years ago, including writing a bad check; fraudulently stop payment on a check; and/or fraudulent use of a credit or debit card. To be eligible, you may not have been convicted of another misdemeanor or felony during that ten or twenty year period.

4. STOP RECORDS.

Finally, Missouri’s expungement law allows an arrest record to be expunged if the arrest did not lead to a conviction and you establish that you were not charged, that there was no probable cause for the arrest, and that you have no prior or subsequent convictions. . It can be difficult to meet each of these requirements, and especially the lack of a probable cause factor, because it is a collapsible standard that varies from case to case, making it difficult to establish, especially without an attorney.

Missouri’s expungement procedure includes verifying your eligibility, drafting legal documents to file with the court, and a possible court date to determine if a expungement should be granted. You have the right to represent yourself in Missouri courts, but you should speak with a Missouri expungement attorney if you have any questions about his or her qualification for expungement or the expungement process. Attorneys may bill a flat or hourly fee to prepare a criminal record expungement. Flat fees for standard Missouri expungement cases are around $750.

Expunging your Missouri criminal record can clean your criminal record, creating opportunities for better employment, credit rating, education, and housing. But getting a cancellation requires getting all the facts and then taking action.