What You Need to Know About Expungement Law

Criminal records are a hard thing to live with and can impact many factors of day-to-day life, most notably in the ability to get a job. Even relatively minor offenses have the potential to follow a person for years. However, depending on the type of offense, people may qualify for expungement under Missouri state law. 

To have a crime expunged is to have the court record sealed so that it is not publicly accessible. In fact, one would need a court order to access the record. People with these records do not need to disclose their crimes, unless a qualifying exception, as outlined in §610.140 RSMo, is in effect. 

Having a record expunged can be an enormous source of comfort and relief to the person impacted, as well as their family. However, it is not an overnight process, and there are things to keep in mind.

What Can Be Expunged?

Senate Bill 588 passed the Missouri Legislature in 2016, going into effect in January of 2018. Prior to this bill’s passing, only a few crimes qualified for expungement under Missouri state law. Today, with the most recent update at the time of this writing having occurred in August of 2021, more than 1,900 crimes may be considered for expungement.

These are among the crimes that don’t qualify for expungement:

·        Any class A felony offense

·        Any dangerous felony

·        Any offense that requires registration as a sex offender

This list is not comprehensive, though a comprehensive list can be found at §610.140.2 RSMo.

How to Get a Record Expunged

In order to have an offense expunged, a few qualifications must first be met. Any fines that were issued as a result of the offense should be paid in full and parole or probation must be completed.

To have a felony expunged, there’s a three-year period under which no additional infractions may be committed; the waiting period for a misdemeanor is one year.

After the waiting period has lapsed, the individual in question must petition the court in the county in which the charge or conviction occurred. There’s a $250 charge involved, and defendants must be named—these being people or entities that may have records of what occurred.

The defendants named have 30 days to file an objection after they have been served. If there is an objection, you can expect a court hearing within 60 days. If 30 days pass and no objection is filed, that court hearing will occur within 30 days.

It is still up to the discretion of the court to grant or deny an expungement. If a record is expunged, the petitioner has the right to maintain that they were not convicted of that crime, excepting certain circumstances.

There are also circumstances under which more than one record may be expunged, providing the total isn’t more than two misdemeanors, one felony offense, or ordinance violations that might have landed the petitioner in prison.

If an Expungement Petition is Denied

In the event a petition for expungement is denied, the petitioner is not without options. They may file an appeal or refile expungement after a year has passed.

In any case, pursuing legal expungement isn’t something anyone should try to do on their own. Odds of successful expungement increase exponentially when the petitioner has a legal team at their back.

Curious if this is an option for you? Reach out to the legal experts at HKR. We will help you navigate the expungement process to ensure you have the best possible chance of experiencing the relief of having those records sealed.