Sunset Hills Expungement Attorney

How Missouri Expungement Works

Expungement under §610.140, RSMo is petition-based — it does not happen automatically.¹ A person files a petition in the court where the conviction was entered, identifies and names all agencies that possess the records as defendants, pays a $250 filing fee (waivable for indigent petitioners), serves each defendant, and appears at a hearing where the court evaluates whether the criteria for expungement have been met.

Waiting Periods

Missouri imposes waiting periods from the date all sentence conditions are completed before an expungement petition can be filed:¹

Offense Type	Waiting Period
Felony	3 years from completion of all sentence conditions
Misdemeanor	1 year from completion of all sentence conditions
Municipal Ordinance Violation	1 year from sentence completion
Infraction	1 year from disposition

“Completion” means all incarceration fully served, all probation or parole successfully completed without revocation, and all fines and restitution paid in full.¹ The clock does not start until all of those conditions are satisfied simultaneously.

The Clean Record Requirement

During the entire 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 (standard non-criminal moving violations) do not count against the petitioner and do not restart the clock.¹ Any new felony or misdemeanor conviction during the waiting period resets everything — the waiting period begins again from the date of the new conviction.

Lifetime Limits

Missouri limits the total number of expungements a person may receive: one felony expungement and two misdemeanor expungements over a lifetime, across all courts combined.¹ Multiple offenses arising from the same criminal episode can sometimes be listed in a single petition — but they still count toward the lifetime limit. This limit makes the decision to expunge a significant strategic choice, particularly for defendants with multiple convictions who need to prioritize which conviction is causing the most harm.

What the Court Considers at the Hearing

At the expungement hearing, the court considers whether the applicable 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 conduct and habits since conviction demonstrate no ongoing threat to public safety, and whether granting expungement is consistent with the public welfare.¹ The burden is on the petitioner to establish these criteria by a preponderance of the evidence. Prosecutors and victim advocates may object. An experienced expungement attorney prepares the record and presents the case for why expungement should be granted.

What Can and Cannot Be Expunged in Missouri

Commonly Eligible Offenses

Drug possession (§579.015), drug paraphernalia (§579.074), property damage in the first degree (§569.100), stealing in most forms, receiving stolen property, burglary in the second degree (§569.170), trespass offenses, peace disturbance (§574.010), first-offense DWI misdemeanor (under §610.130), and most non-violent misdemeanors are generally eligible for expungement after the applicable waiting period.

Permanently Ineligible Offenses Under §610.140(2)

The following offenses cannot be expunged in Missouri — regardless of how much time has passed, how the person has conducted themselves since conviction, or any other circumstance:²

Class A Felonies — all Class A felonies are ineligible.

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

Sex Offenses — all Chapter 566 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 for general expungement. Only first-offense DWI misdemeanors have a separate expungement path under §610.130. Habitual offenders are not eligible for any DWI expungement.

If a conviction falls on this list, no waiting period, no good behavior, and no court can make it expungeable. The answer is simply no — and knowing that before investing time and resources in a petition matters.

DWI Expungement (§610.130)

First-offense DWI misdemeanor convictions have their own statutory expungement path under §610.130, RSMo — entirely separate from the general expungement statute:³

• The conviction must be for a first-offense intoxication-related traffic misdemeanor only
• A 10-year waiting period must have passed since completion of all sentence conditions (not just from the conviction date)
• No subsequent alcohol-related offense during those 10 years
• The DWI was not related to a commercial motor vehicle
• The offender was not a habitual offender at the time of the original conviction

After a successful DWI expungement, the conviction is sealed from public view. The person may answer “no” on most employment applications. However, the expunged DWI still counts as a prior intoxication-related traffic 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 never convicted — because charges were dismissed, the case was declined for prosecution, or the arrest was made on false information — the arrest record remains on file and continues to appear on background checks as an arrest. 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 occurred, charges were never pursued, and no SIS was received in connection with the arrest.⁴

This is specifically for wrongful arrests. It does not apply to arrests where charges were filed and later dismissed through negotiation — those situations require a different analysis.

What Expungement Does — and Doesn’t — Do

What It Does

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

What It Doesn’t Do

Expungement seals — it does not erase. The record still exists in the court system and is accessible in limited circumstances defined by statute. 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 financial institutions.¹ Federal background checks through the FBI’s NCIC may still surface the record — Missouri expungement does not automatically reach federal databases, and federal law governs federal background check processes. Federal firearms rights are not automatically restored by Missouri expungement; a separate federal process exists for that purpose.

The SIS Distinction

A Suspended Imposition of Sentence (SIS) successfully completed typically means no conviction was ever entered — the record is already effectively closed in most cases, and expungement of the conviction itself may not be necessary. However, the underlying arrest record and the SIS notation may still appear on certain background checks, and a separate arrest record expungement under §610.122 may be worth evaluating.

The Expungement Process in St. Louis County

Filing a petition under §610.140 in the 21st Circuit requires identifying the correct court division, naming all record-holding agencies as defendants — including the prosecuting attorney, the arresting agency, the Missouri State Highway Patrol (CJIS), and the court itself — serving each defendant properly, and appearing at the hearing. Courts set expungement hearings after a mandatory waiting period from filing. Prosecutors may object, and victim advocates may appear. An experienced expungement attorney ensures the petition is filed correctly, responds to any objections filed by the State, and advocates at the hearing for the relief sought.

Rose Legal Services handles expungement in the 21st Circuit (St. Louis County), 22nd Circuit (St. Louis City), 23rd Circuit (Jefferson County), and 11th Circuit (St. Charles County). Flat-fee pricing. Flexible payment plans. Free consultations 24/7. Call Rose Legal Services.

References

1. §610.140, RSMo [General expungement — waiting periods, clean record requirement, lifetime limits (1 felony / 2 misdemeanors), court criteria, effect of expungement, disclosure requirements].
2. §610.140(2), RSMo [Ineligible offenses — Class A felonies, violent and domestic assault, all homicide, sex offenses, UUW concealed carry, DWI 2nd+].
3. §610.130, RSMo [DWI expungement — first-offense misdemeanor only, 10-year waiting period, still counts as prior for future DWI, no CDL restoration].
4. §610.122, RSMo [Arrest record expungement — false information, no probable cause, no charges pursued, no SIS received].