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Expungement

Missouri's General Expungement Statute

What are the requirements for a general expungement in Missouri (i.e. under RSMo. 610.140)?
1. You were found guilty of certain crimes (see below for the full list of offenses that can be expunged);
2. Enough time has passed since you were found guilty (10 years for misdemeanors and 20 years for felonies from the end of your prison sentence or probation);
3. You have not been found guilty of another misdemeanor or felony since the offense (excludes minor traffic violations);
4. Your behavior warrants an expungement (subjective); and
5. Expunging your record would be consistent with public welfare.


What crimes can be expunged in Missouri under the general expungement statute?

  • Drunkenness or public intoxication
    First offense DWI (DWIs are a little different than the rest. See below for more details)

  • Fraudulently stopping payment of an instrument

  • Fraudulently using a credit or debit device

  • Gambling

  • Misdemeanor offenses of negligently burning or exploding

  • Negligently setting a fire

  • Passing bad checks

  • Peace disturbance (class B or C misdemeanors)

  • Property damage (second degree)

  • Tampering (second degree)

  • Trespass in the first degree



  • How long do I have to wait to get an expungement under the general expungement statute?
    For a misdemeanor, 10 years must have elapsed
    For a felony, 20 years must have elapsed
    The clock starts running when you have completed your imprisonment or any period of probation or parole.


    What if I plead guilty to multiple charges?
    For each court in Missouri, you get one chance for an expungement. As a result, it is important that you work with your attorney to ensure that all possible expunge-able offenses have been included in your petition to the court. If you have offenses over multiple counties, you may apply separately in each county to request an expungement.




     

     

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