At Rose Legal Services, we are passionate about second chances. And one of our favorite things to do is to expunge a felony from a client’s criminal record.
Recent changes to Missouri expungement laws have opened new possibilities for those with felony convictions. Based on our extensive experience helping clients navigate this process, this article will explain what you need to know about felony expungement in Missouri.
Expungement Laws in Missouri
Expungement is the legal process of sealing a criminal record. When a record is expunged, it’s as if the offense never occurred – at least in the eyes of the law. This can significantly impact an individual’s life, making it easier to find employment, secure housing, obtain certain professional licenses, and restore rights.
In Missouri, there are several expungement laws, and the main expungement process is governed by Missouri Revised Statute 610.140. This law has undergone significant changes in recent years, most recently through Senate Bills 53 and 60, which took effect on August 28, 2021. These updates have expanded the list of crimes eligible for expungement, with more than 1,900 offenses now qualifying.
Are Felonies Eligible for Expungement in Missouri?
In Missouri, some non-violent felonies may be eligible for expungement, but many are not, including the following offenses:
- Class A felonies
- Dangerous felonies as defined in RSMo 556.061
- Felony offenses that require registration as a sex offender
- Felony offenses where death is an element of the offense
- Felony assault offenses
- Felony convictions for kidnapping
- Felony offenses for domestic assault
This list is not exhaustive, and there may be other offenses that are also ineligible for expungement outlined in RSMo 610.140.2. It’s important to work with an attorney to fully understand your options and determine whether you qualify.
How Many Felonies Can You Expunge in Missouri?
Under Missouri law, you can expunge one eligible felony offense. In addition to this felony, you can also expunge up to two misdemeanors or ordinance violations that could have resulted in imprisonment.
A person can also expunge multiple offenses at the same time if the offenses were charged as counts in the same case or were committed as part of the same course of conduct if the offenses are otherwise eligible for expungement.
Requirements for Felony Expungement in Missouri
To be eligible for felony expungement in Missouri, an individual must meet the following criteria:
1. They’ve waited the required amount of time since completing their sentence (including probation or parole):
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- For felonies: 3 years
- For misdemeanors: 1 year
- For infractions: 1 year
2. They have no other felony or misdemeanor convictions during the waiting period.
3. They’re not currently on probation or parole.
4. They’ve paid all fines, restitution, and court costs associated with the conviction.
5. They have no pending charges.
6. Their habits and conduct demonstrate that they are not a threat to the public safety of the State of Missouri.
7. They can demonstrate that expungement is consistent with the public welfare, and the interests of justice warrant the expungement.
The Expungement Process in Missouri
If an individual believes they’re eligible for felony expungement, here’s an overview of the process:
- File a Petition: An attorney files a petition for expungement in the court where the conviction occurred.
- Notify Relevant Parties: The petition must name as defendants any entities the petitioner believes may have records of the offenses.
- Hearing: The court schedules a hearing to consider the petition. Defendants have 30 days to file objections, and the court must hold a hearing within 60 days after a filed objection or 30 days after service if there are no objections.
- Court Decision: After the hearing, the judge decides whether to grant or deny the expungement petition.
- Sealing of Records: If the petition is granted, the court orders all records of the conviction to be sealed.
At Rose Legal Services, we are passionate about helping good people get a fresh start through expungement. While this overview provides insight into the process, working with our experienced attorneys ensures you fully understand your options and can navigate the legal system with confidence. We’ve helped countless clients get a second chance and are ready to help you too.
How Can You Benefit From An Expungement?
A successful expungement benefits people in several ways. First, all law enforcement agencies who have records related to the offense must expunge and seal those records. This includes all incident reports, supplemental reports, arrest records, evidence receipts and logs, plea, judgment, sentence, and other court records, and all references thereto.
Second, an expungement restores a person’s collateral rights in full and places the person in the status he or she occupied prior to the arrest and conviction as if such events had never taken place.
Third, in most circumstances, an expungement allows the person to answer “no” to an employer’s inquiry into whether the person has ever been convicted of a crime. And finally, the Missouri State Highway Patrol Central Repository must request that the Federal Bureau of Investigation expunge its records as well.
Take the First Step Towards a Clean Record
If you’re considering expungement for a felony conviction in Missouri, don’t wait to seek legal help. The sooner you start the process, the sooner you can potentially clear your record and open up new opportunities in your life.
At Rose Legal Services, we offer free consultations to people who have been charged, arrested, or investigated for a crime and have not yet hired an attorney. During your consultation, we’ll review your case, explain your options, and discuss how we can help you pursue expungement.
Contact Rose Legal Services today to schedule your consultation and take the first step towards expunging your felony conviction. Let us put our experience and dedication to work for you, helping you reclaim your life and pursue the second chance you deserve.
Author Bio
Scott Rose, an experienced criminal defense lawyer and founder of Rose Legal Services, has been practicing law for over 20 years. He is dedicated to representing clients facing criminal charges and providing legal representation on various cases, including DWI, misdemeanor, and felony cases.
After graduating from the University of Virginia School of Law, he gained valuable experience working for a United States Senator and as a Judicial Law Clerk for the Chief Judge of a United States District Court. Throughout his legal career, W. Scott Rose has committed to providing high-quality legal representation to his clients, earning him a spot in the National Top 100 Trial Lawyers.
