St. Louis Expungement Attorney

How Missouri Expungement Works

Expungement under §610.140, RSMo is petition-based. It does not happen automatically. A person must file a petition in the court where they were convicted, name all agencies that possess the records as defendants, pay a filing fee, and appear at a hearing where the court evaluates eligibility.¹

Waiting Periods

“Completion” means all incarceration served, all probation or parole successfully completed, and all fines and restitution paid in full.¹

The Clean Record Requirement

During the waiting period — from the date of conviction through the date of the expungement hearing — the petitioner must have no subsequent felony convictions and no subsequent misdemeanor convictions.¹ Traffic violations under Chapters 304 and 307 of the RSMo (non-criminal moving violations) do not count against the petitioner.¹ Any new conviction during the waiting period resets the clock entirely.

Lifetime Limits

Missouri limits the total number of expungements a person can receive: one felony expungement and two misdemeanor expungements over a lifetime across all courts.¹ Multiple offenses arising from a single incident can be listed in one petition and may count as one expungement depending on circumstances. This limit makes the decision to expunge a significant one — it should be used strategically.

What the Court Considers

At the expungement hearing, the court considers whether the waiting period has been satisfied, whether all fines and restitution have been paid, whether the petitioner completed probation or supervised release without revocation, whether the petitioner’s behavior since conviction demonstrates no threat to public safety, and whether expungement is consistent with the public welfare.¹ The burden is on the petitioner to establish these criteria by a preponderance of the evidence.

Offenses That Cannot Be Expunged

Missouri’s expungement law is broad — but certain offenses are permanently ineligible under §610.140(2):²

Class A Felonies — all Class A felonies are ineligible for expungement.

Violent Offenses — all felony assault offenses, all domestic assault offenses (misdemeanor or felony), felony kidnapping, murder in any degree, and voluntary or involuntary manslaughter are ineligible.

Sex Offenses — all offenses under Chapter 566 (sexual offenses), any offense requiring sex offender registration, and child pornography offenses cannot be expunged.

Weapons — unlawful use of a weapon charged under the concealed carry subsection (§571.030) is ineligible.

DWI — second-offense and higher DWI convictions are ineligible under general expungement. Only first-offense DWI misdemeanors have a separate expungement path. Habitual DWI offenders are not eligible.

If an offense is on this list, no waiting period, no behavior since conviction, and no judge can overcome the statutory bar. The answer is simply no.

DWI Expungement (§610.130)

First-offense DWI misdemeanor convictions have their own expungement statute — separate from general expungement — with different requirements:³

• The conviction must be for a first-offense intoxication-related traffic misdemeanor
• 10 years must have passed since the completion of all sentence conditions
• No subsequent alcohol-related offense during that 10-year period
• The DWI was not related to a commercial motor vehicle
• The offender was not a habitual offender at the time of conviction

After a successful DWI expungement, the record is sealed. However, the expunged DWI still counts as a prior offense for enhancement purposes if the person is arrested for DWI again in the future.³ It also does not restore a commercial driver’s license if it was disqualified by the original offense.³

Arrest Record Expungement (§610.122)

When a person is arrested but not convicted — because charges were dismissed, the case was declined for prosecution, or the arrest was based on false information — the arrest record remains on file and continues to appear on background checks. Under §610.122, RSMo, arrest records may be expunged when the arrest was based on false information, there was no probable cause to believe the offense was committed, no charges were ever pursued, and no SIS was received.⁴

This is not the same as a conviction expungement. It applies specifically to arrests that should not have occurred. For arrests where charges were filed and then dismissed — a common outcome in domestic violence cases and disputes — the path to clearing the record is different and requires careful evaluation.

Effect of Expungement — What It Does and Doesn’t Do

What Expungement Does

After a successful expungement, the conviction is sealed from public view.¹ It does not appear on the background checks used by most private employers and landlords. The person may answer “no” on most employment applications when asked about prior convictions. State firearm rights are restored for otherwise eligible individuals. Eligibility for a concealed carry permit is restored (if no other disqualifying factors exist).¹

What Expungement Does Not Do

Expungement seals — it does not erase. The record still exists and is accessible in limited circumstances.

The expunged conviction can still be used for sentencing enhancement in any future criminal case.¹ It must still be disclosed for employment with gaming establishments, law enforcement agencies, emergency services, and federally insured banks and credit unions.¹ Federal background checks (FBI, NICS) may still surface the record — federal law does not automatically recognize Missouri expungement. Federal firearms rights are not automatically restored by Missouri expungement; federal law requires a separate process.

SIS vs. Expungement

If a person received a Suspended Imposition of Sentence (SIS) and completed probation successfully, the plea is set aside and no conviction was ever entered. In most cases, an SIS does not require expungement — the record is already effectively closed. However, the underlying arrest record and the SIS itself may still appear on some background checks, and a separate arrest record expungement under §610.122 may be appropriate.

Who Should Consider Expungement

Expungement is worth pursuing for anyone whose conviction is eligible, who has completed the waiting period, and who faces ongoing consequences from their criminal record. The practical impact is most significant for people:

• Applying for jobs in industries that conduct background checks
• Seeking housing with landlords who screen for criminal history
• Applying for professional or occupational licenses
• Seeking to restore state firearms rights
• Looking to move past a conviction that no longer reflects who they are

The filing fee is $250 (may be waived for indigent petitioners). The cost of not filing is a record that follows every opportunity for the rest of a person’s life.

The Expungement Process — Step by Step

Filing a petition under §610.140 requires identifying the correct court, naming all agencies that hold the records as defendants, serving each defendant, waiting for any objections, and appearing at the hearing. Courts consider objections from prosecutors and victim advocates. An experienced expungement attorney ensures the petition is filed correctly, responds to any objections, and advocates at the hearing.

Rose Legal Services handles expungement from filing through hearing. Flat-fee pricing. Flexible payment plans.

Free consultations available 24/7. Call Rose Legal Services — the defense starts with a conversation.

References

1. §610.140, RSMo [General expungement — waiting periods, clean record requirement, lifetime limits, court criteria, effect of expungement].
2. §610.140(2), RSMo [Ineligible offenses — Class A felonies, violent offenses, sex offenses, weapons, DWI (2nd+)].
3. §610.130, RSMo [DWI expungement — first offense misdemeanor, 10-year waiting period, limitations].
4. §610.122, RSMo [Arrest record expungement — false information, no probable cause, no charges pursued].