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.
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.
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
- Inelligible Offenses That Cannot Be Expungedexpand_more
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 Offensesexpand_more
Prohibited Sex Offenses
Any offense listed in chapter 566 (sex offenses)
568.065 Female genital mutilation
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
570.100 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
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
- Additional Requirements to Expunge Missouri Convictionsexpand_more
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 Influenceexpand_more
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?expand_more
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 Firearmexpand_more
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!