Missouri Expungement Lawyers

Who Is Eligible for Expungement in Missouri?

General Expungement — § 610.140

Missouri’s general expungement statute allows petition to seal:³

Arrests not leading to conviction — eligible immediately (no waiting period).

Municipal offenses and infractions — eligible 6 months after completion of sentence.

Misdemeanor convictions — eligible 1 year after completion of the sentence, including probation, parole, and payment of all fines and restitution.

Felony convictions — eligible 3 years after completion of the sentence, including probation, parole, and payment of all fines and restitution.

Lifetime Limits

Missouri places limits on how many convictions can be expunged per person:⁴

Additional Requirements

To qualify for expungement, the petitioner must also demonstrate:⁵

• No pending criminal charges
• No pattern of criminal activity suggesting ongoing risk
• Sufficient time has passed since completion of sentence
• The petitioner has paid all restitution and applicable fines
• Expungement is consistent with the public welfare

What Offenses CAN Be Expunged?

The majority of criminal offenses in Missouri are eligible for expungement, including:

• Most misdemeanor offenses (stealing, assault 4th degree, DWI first offense, drug possession, trespassing, peace disturbance, etc.)
• Many felony offenses (drug possession, stealing over $750, property damage, some assault charges, etc.)
• First-offense DWI (under the separate DWI expungement statute, § 610.130, after 10 years)⁶
• Arrests that did not result in conviction (regardless of the underlying offense)

What Offenses CANNOT Be Expunged?

Missouri law excludes certain serious offenses from expungement eligibility:⁷

Class A Felonies — never eligible

Dangerous felonies (§ 556.061) — including first and second-degree murder, first-degree assault, first and second-degree robbery, kidnapping, forcible rape and sodomy

Sex offenses requiring registration — most offenses under Chapter 566 that trigger SORA registration

Domestic assault (any degree) — specifically excluded from general expungement

DWI/BWI (second or subsequent) — second and subsequent intoxication-related offenses are ineligible

Offenses against children — child molestation, child abuse, and related offenses

Other specifically excluded offenses — the statute contains an extensive list of ineligible offenses; eligibility should always be verified against the current version of § 610.140(2)

DWI Expungement — § 610.130

Missouri has a separate expungement provision specifically for first-offense DWI:⁸

Eligible if:

• It was a first intoxication-related traffic offense
• At least 10 years have passed since the plea of guilty or finding of guilty
• No subsequent alcohol-related enforcement contacts during the 10-year period
• The person has not been found guilty of any other intoxication-related traffic offense at any time

Effect: The conviction is expunged and the person’s driving record is updated to remove the offense.

Second and subsequent DWI offenses are not eligible for expungement under either § 610.130 or § 610.140.

Read more about DWI expungement →

The Expungement Process

Step 1: Eligibility Determination

Before filing, we verify eligibility by reviewing the offense, the conviction record, the completion of sentence (including probation and restitution), the waiting period, and the lifetime limits. We also check for any pending charges that would disqualify the petition.

Step 2: Petition Filing

The petition is filed in the court where the conviction or arrest occurred.⁹ The petition must include the charges sought to be expunged, the date of arrest, the disposition, and the grounds for eligibility.

Step 3: Notification

Upon filing, the court notifies the prosecuting attorney, the arresting agency, the central repository (Missouri State Highway Patrol), and any other relevant agencies.¹⁰ These entities have 30 days to file an objection.

Step 4: Hearing (If Objection Filed)

If no objection is filed within 30 days, the court may grant the petition without a hearing. If the prosecutor or another entity objects, a hearing is scheduled where both sides present evidence.¹¹

At the hearing, the petitioner bears the burden of proving eligibility by a preponderance of the evidence. We present evidence of rehabilitation, employment history, community involvement, and any other factors demonstrating that expungement is consistent with the public welfare.

Step 5: Order of Expungement

If the court grants the petition, an order of expungement is entered. All records related to the arrest and/or conviction are sealed — including court records, arrest records, and records held by the Missouri State Highway Patrol central repository.¹²

Once the order is entered, the person may lawfully answer “no” when asked about the expunged arrest or conviction on most applications, with limited exceptions for certain professional licensing inquiries and law enforcement positions.

What Expungement Does — and Doesn’t Do

What Expungement Does

• Seals the arrest and/or conviction from public background checks
• Allows the person to legally deny the conviction on most applications
• Restores certain rights affected by the conviction
• Removes the offense from the Missouri State Highway Patrol’s central repository
• Can improve employment, housing, and educational opportunities

What Expungement Doesn’t Do

• Does not destroy the records entirely — sealed records can still be accessed by law enforcement and certain licensing bodies in limited circumstances
• Does not automatically restore federal rights (such as federal firearm rights for felony convictions)
• Does not apply retroactively to decisions already made based on the conviction
• Does not prevent the conviction from being considered in certain professional licensing inquiries

Why Expungement Matters

The practical impact of a criminal record is staggering. Background checks are ubiquitous — used by employers, landlords, licensing boards, volunteer organizations, and educational institutions. A conviction that happened 5, 10, or 20 years ago continues to affect opportunities today.

Missouri’s expungement law recognizes that people change, that a single mistake should not define a lifetime of opportunities, and that the public interest is served when people with criminal records can fully reintegrate into society.

For many of our clients, expungement is the final step in a process that began years ago. The case is over, the sentence is complete, and the time has been served — but the record remains, affecting every application and every background check. Expungement closes that chapter.

Considering Expungement in St. Louis?

The expungement process is straightforward, but the eligibility analysis requires careful attention to the specific offense, the timing, the completion of all sentence requirements, and the lifetime limits. Errors in the petition — wrong offense classification, incorrect dates, incomplete sentence verification — can result in denial.

We handle the entire process from eligibility review through petition filing, notification, hearing representation (if needed), and order entry.

Call us for a free consultation. The defense starts with a conversation.

References

1. § 610.140, RSMo [General expungement — expanded eligibility effective 2018].
2. § 610.140.9, RSMo [Effect of expungement — legal right to deny].
3. § 610.140.5, RSMo [Waiting periods by offense type].
4. § 610.140.12, RSMo [Lifetime limits on expungement].
5. § 610.140.5, RSMo [Additional eligibility requirements].
6. § 610.130, RSMo [DWI expungement — separate statute].
7. § 610.140.2, RSMo [Offenses excluded from expungement].
8. § 610.130, RSMo.
9. § 610.140.4, RSMo [Petition filing requirements].
10. § 610.140.6, RSMo [Notification requirements].
11. § 610.140.7, RSMo [Hearing procedures].
12. § 610.140.8, RSMo [Order of expungement — records sealed].

Sub-Pages:

• DWI Expungement
• Felony Expungement
• Misdemeanor Expungement
• Arrest Record Expungement

Related:

• Missouri DWI Defense
• Drug Charges
• Theft Charges
• St. Louis Criminal Defense Lawyer