Mr. Eastman serves as the firm’s managing partner, and is licensed to practice law in California, Oregon, and Texas.
Sam has helped thousands of clients expunge, seal, and set-aside records across the country, and has a passion for criminal justice reform. Previously, Mr. Eastman represented a number of corporate clients, focusing on tax law, mergers and acquisitions, and a variety of corporate transactions.
Mr. Eastman earned his JD and LLM from the University of San Diego School of Law, and his undergraduate degree from the University of Oregon.
EXPUNGING MISSOURI CONVICTIONS
If You've Been Arrested, You Have a Record
If you have a criminal record in Missouri, you already know how frustrating it can be. Whether you’re charged, convicted, or only arrested for a crime in Missouri, a criminal record is created and then maintained by a division of the Missouri State Highway Patrol called the Criminal Justice Information Services (CJIS) and the FBI Criminal Justice Information Services Division, making your records available in a background check.
This Information Is For You
Since the majority of people reading this aren’t lawyers, we’ve tried to simplify the legal jargon on our website, so regular people may follow along and get the information needed to understand their rights. However, before we get started, we should be clear that some of this information can get complicated, and, in many cases, it’s best to seek the assistance of an experienced lawyer.
To help you understand your rights, our lawyers have developed a tool that can be helpful in figuring out your options. This tool can’t be perfectly accurate in every situation, but our lawyers have invested substantial time and resources working to make it as accurate as possible.
You can get started by using our Secure Eligibility Test, or you can give us a call at (844) 947-3732 to see if our legal staff is available for a free consultation. Be aware that our staff is often busy with current clients and a high volume of calls and appointments. If you’re serious about getting rid of your record, your best bet is to take our Secure Eligibility Test and then schedule an appointment to discuss your results and options.
Can You Expunge Your Missouri Convictions
Missouri law (MO Rev Stat § 610.140) allows for the expungement of both misdemeanor and felony convictions in many situations, but not every criminal record qualifies, as there are certain offenses that are ineligible to be expunged.
The general requirements to expunge Missouri convictions include:
- You are not trying to expunge an offense prohibited by Missouri’s expungement law
- All terms of your sentence have been completed
- You do not have any current or pending criminal matters
- The required amount of time has passed for your charge, and you were not convicted of any additional offenses during that time period
- Expunging convictions for driving under the influence has additional requirements
- You may not expunge more than two misdemeanors or one felony in your lifetime
Ineligible Offenses That Cannot Be Expunged
The following types of criminal convictions cannot be expunged under current Missouri expungement law:
- All Class A Felonies
- Offenses that require registration as a sex offender
- Felony convictions where death is an element of the offense
- Convictions for felony assault or felony kidnapping
- Misdemeanor or felony domestic violence convictions
- A dangerous offense as defined in Section 556.061
- Traffic-related offenses when committed by a person with a commercial driver’s license and
- Any of the offenses on the following list, regardless of whether they are misdemeanors or felonies:
Additional Prohibited Offenses
Prohibited Sex Offenses
- Any offense listed in chapter 566 (sex offenses)
- 568.065 Female genital mutilation
- 568.020 Incest
- 573.200 Child used in sexual performance
- 573.205 Promoting sexual performance by child
- 568.175 Trafficking in children
- 575.159 Aiding a sexual offender
- 191.677 Prohibited acts related to HIV
Fraud, Robery, and Other Theft Offenses
- 569.160 Burglary, 1st degree
- 570.025 Robbery, 2nd degree
- 570.030 Stealing
- 570.090 Forgery
- 570.100 Possession of a forging instrument
- 570.130 Fraudulent use of a credit or debit device
- 570.180 Defrauding secured creditors
- 570.223 Identity theft
- 570.224 Trafficking in stolen identities
- 570.310 Mortgage fraud
- 574.105 Money laundering
- 375.991 Fraudulent insurance act
Weapons Related offenses
- 571.020 Possession, manufacture, transport, repair or sale of certain weapons
- 571.030 Unlawful use of weapons
- 571.060 Unlawful transfer of weapons
- 571.063 Fraudulent purchase of firearm
- 571.070 Possession of firearm for certain persons
- 571.072 Unlawful possession of an explosive weapon
- 571.150 Use or possession of a metal penetrating bullet in a crime
Crimes Involving Violence and Property Damage
- Kidnapping in the 1st, 2nd, or 3rd degree (565.110, 565.120 or 565.130)
- 557.035 Hate offenses
- 574.140 Cross burning
- 455.085 or 455.538 Violation of protection order
- 569.040 Arson, 1st degree
- 569.050 Arson, 2nd degree
- 569.055 Knowingly burning or exploding
- 569.060 Reckless burning or exploding
- 569.065 Negligent burning or exploding
- 569.100 Property damage, 1st degree
- 574.070 Promoting civil disorder, 1st degree
- 574.115 Making a terrorist threat, 1st degree
- 574.120 Making a terrorist threat, 2nd degree
- 574.130 Agroterrorism
- 194.425 Abandonment of a corpse without notifying authorities
- 577.078 Water contamination
- 577.703 Bus hijacking or attempt to hijack a bus
- 577.706 Planting a bomb in or near a bus terminal
- 389.653 Trespass to railroad property
- 632.520 Offender committing violence against an employee
Crimes Involving Children
- 568.030 Abandonment of a child, 1st degree
- 568.032 Abandonment of a child, 2nd degree
- 568.045 Endangering the welfare of a child, 1st degree
- 568.060 Abuse or neglect of a child
- 565.156 Child abduction
- 188.030 Abortion of viable unborn child
- 188.080 Abortion performed by other than a physician with hospital privileges
- 334.245 Abortions performed by someone other than a licensed physician
Crimes Involving Incarceration and Peace Officers
- 217.385 Violence or injury to property or others in the DOC
- 575.195 Escape from commitment, detention or conditional release
- 575.200 Escape or attempted escape from custody
- 575.210 Escape or attempted escape from confinement
- 575.220 Failure to return to confinement
- 575.230 Aiding escape of prisoner
- 575.240 Permitting escape
- 575.353 Assault on a police animal
Crimes Involving Public Officials and Court Proceedings
- 105.454 Additional prohibited acts by certain public officials and employees
- 105.478 Violation of lobbying and conflict of interest laws
- 115.631 Class one election offenses
- 130.028 Discrimination or intimidation related to elections
- 575.095 Tampering with a judicial officer
- 575.153 Disarming a police or correctional officer
- 575.155 Endangering a corrections employee
- 575.157 Endangering a mental health employee, visitor or other offender
- 575.040 Perjury
Additional Requirements to Expunge Missouri Convictions
Besides not having one of the prohibited offenses above, there are some additional requirements that affect whether you’re eligible for an expungement of a Missouri conviction, including the following:
- For felony convictions, seven (7) years must have passed since you completed your sentence
- For misdemeanor convictions, three (3) years must have passed since you completed your sentence
- You must not have any new misdemeanor or felony convictions during the relevant time periods above – note that most traffic offenses do not count for these purposes
- You have satisfied all conditions of your sentence, including payment of fines and restitution
- You do not have any current or pending charges
- Your habits and conduct do not demonstrate that you will be a threat to public safety
- Granting the expungement is consistent with the interests of justice and public welfare
Expunging Convictions for Driving Under the Influence
Missouri now permits the expungement of driving while intoxicated offenses under Section 610.130, with the following general requirements:
- You have never been granted an expungement
- It has been 10 years since your DWI conviction, and you have not been convicted of any alcohol-related offenses in this 10-year period
- This is your first and only DWI conviction
Legal Effect Of Expunging Your Conviction
Expungements in Missouri allow you to legally state that you were not arrested or convicted of a crime in almost all situations. In many cases, a Missouri expungement will restore your Second Amendment rights as well. Restoring firearm rights is often a more complicated process, so visit our page on Missouri Firearm Rights Restoration if you want to learn more.
There are specific requirements discussed in our pages on Missouri resources, but the general requirements are that you’ve completed your sentence, your conviction was for an eligible offense, and that you haven’t been convicted of any new offenses during the relevant waiting period.
How Will Expunging My Conviction or Arrest Help Me Get a Job?
Expunging a Missouri conviction is currently the best way to improve your chances of getting a job with a criminal record. You can legally state that the conviction or arrest never occurred, and Missouri criminal justice agencies cannot release or make any information related to the expunged matter available. The bottom line is that the expunged criminal record is not publicly available and will not appear in most background check related to employment.
However, even after your criminal record has been expunged, the Missouri State Criminal Justice Information Service (CJIS) continues to index and maintain expunged criminal records for very specific uses. They are prohibited from releasing this information to the public, but, upon special request in limited circumstances, certain organizations may access expunged information. These organizations are primarily related to professional licensing, banking, insurance, and employment with law enforcement and emergency service providers.
As a result, there are certain occupations requiring Missouri state licensing where you may need to disclose the expunged criminal information. These situations are limited, though, and expunging your record should keep that information from the vast majority of potential employers.
Will Expunging My Record Restore My Second Amendment Right to Own and Possess a Firearm?
Missouri law provides two main ways to restore your firearm rights, by expungement or by pardon from the Governor. There is legal authority indicating that a 402 reduction from a felony to a misdemeanor may also a viable way to restore your Second Amendment rights, but the law around this method is somewhat unclear.
Pardons are granted very infrequently in Missouri, so, if your firearm rights were taken due to a felony conviction, the easiest and most common way to restore firearms in Missouri is through expungement.
Not everybody with a felony conviction can restore their constitutional right to own or possess firearms, but Missouri’s laws are favorable when compared to other states. It should be noted that you can almost never restore firearm rights based on federal convictions, and it can be very difficult if your Second Amendment rights were taken away due to a domestic violence conviction.
Restoring firearm rights involves both state and federal law that should be handled by an experienced lawyer. The lawyers in our firm regularly handle complex firearm rights restoration issues, so a good first step in exploring whether you can restore your firearm rights would be to take our Secure Eligibility Test. Then, if appropriate, set up a time to speak with our legal staff about how to proceed.
What You Need to Do to Get Rid of Your Record
If you are tired of having a criminal record hold you back, reach out to us by taking our Secure Eligibility Test or by giving us a call at (844) 947-3732. Our law firm has helped thousands of people with criminal records move on in life, leaving many of the negative effects of a criminal record behind. Our experienced attorneys and legal staff are here to help you figure out what criminal record clearing services best fit your needs, and then help you accomplish your goals. Using our secure, confidential Eligibility Test is the best way to get the process started.
Some of the Potential Benefits of Setting Aside Your Arrest Record in Missouri Include:
- Removing a finding of guilt and closing the case on your criminal record to help you get a better job
- Restoring your Second Amendment Rights to own a firearm
- Becoming eligible for professional licenses you previously did not qualify for
- Increased eligibility for student loans, housing assistance, and government programs
- Improving your ability to obtain higher-paying job opportunities
- Improving access and admission to college and other educational resources
We Are Here to Help
Each of Missouri's methods for dealing with your criminal record have different requirements and are meant for different circumstances. To move forward, it’s important to determine what Texas criminal record services are available to you, and then select the services that will provide the greatest benefit. Eastman Meyler, PC is here to help you navigate this very specific area of Texas criminal law, fight to protect your rights, and assist you in moving forward in life without the effects of a Texas criminal record.
You can trust that you will get exceptional service from our law firm, as we have an A Rating from the Better Business Bureau, and prestigious attorney rating services such as Thompson Reuters and Avvo list our attorneys as Super Lawyers and Superb Attorneys. Our law firm has attorneys licensed to practice law in all Missouri state courts, provides low price guarantees, and is here to fight for you and put your criminal record behind you!