How Does a 20-Year-Old Drug Conviction Still Block Child Custody Even After Expungement?
Feb. 1, 2026
Discovering that a decades-old drug conviction continues to impact parenting rights can be incredibly disheartening. It’s difficult to accept that a decision made in early adulthood might unfairly overshadow years of stability, sobriety, and responsible parenting.
At The Hardin Law Firm LLC, I work with clients in St. Louis, Missouri, and the surrounding areas who are trying to rebuild their lives while protecting their relationship with their children. When old convictions affect child custody, it can feel unfair and confusing. My goal is to help clients understand how the law treats expunged convictions and how to advocate for themselves in family court. Reach out today for experienced legal support.
Why an Old Drug Conviction Still Matters
Clients are often surprised to discover that an expungement doesn’t always eliminate the real-world consequences of a conviction. This is particularly true in family court, where judges prioritize a child’s safety, stability, and emotional well-being. Even if the conviction occurred decades ago, opposing attorneys may raise it, and judges might permit limited discussion if it pertains to parenting fitness or household conditions.
For many parents, the frustration isn’t just legal but emotional. They’ve built careers, raised other children, or successfully completed addiction treatment. Yet the question that matters in a child custody dispute is whether the past has any bearing on the child’s current or future well-being. That’s the standard judges apply, even when expungement exists in the background.
How Family Courts Look at Expunged Convictions
Family courts make decisions through a careful, step-by-step process. They don’t automatically deny custody because of an old conviction, but they also won’t ignore information that could relate to safety or substance exposure. This is where legal representation matters, because the conversation must shift from who a parent used to be to who they are now.
Before I share common factors courts consider, I explain to clients that each child custody case is individualized. Courts weigh past facts differently depending on current circumstances, parenting arrangements, and any co-parenting disputes. After these factors are evaluated, the focus returns to the child’s best interests and the parent’s present circumstances.
Factors judges may review:
Substance history: past addiction issues and whether sobriety is documented
Time elapsed: how many years have passed since the conviction or drug use
Parental stability: employment, housing, schooling, and caregiving patterns
Co-parent safety concerns: allegations from the other parent or guardian
Current lifestyle: household environment, relationships, and routines
Child preference: when age and maturity allow input
Once courts walk through these points, a parent may feel better prepared to address the concerns raised. Working with an experienced family law attorney can help parents present the strongest evidence supporting their current role in the child’s life.
How Expungement Interacts With Family Law
Even though expungement seals or limit public access to records, it doesn’t rewrite history for all legal purposes. In child custody disputes, the opposing parent may already know about the conviction and raise it through testimony or documented records from before the expungement. Judges may allow discussion if they believe the past relates to safety or substance concerns.
Clients often believe that expungement provides a fresh start, and in many aspects, it does. Sealing a record can make employment, housing, and licensing more accessible. However, in child custody cases, the focus remains on the child’s well-being. Courts may still consider past history if it offers insight into a parent’s stability or the child’s physical safety. Understanding these limitations helps clients focus on addressing the court’s primary concerns.
Areas where expungement may still have an impact:
Cross-examination: other attorneys may discuss past drug use or instability
Record access: prior records or testimony may exist before the sealing occurred
Perception issues: opposing parties may argue that past choices affect parenting
Best interests analysis: judges weigh history against present caregiving
Negotiation leverage: co-parents may use past events during mediation
Once these categories are explained, clients tend to feel more grounded. The focus shifts from fear of the old conviction to a strategy for presenting current, positive evidence supporting child custody rights and parental fitness.
Strengthening Your Case When the Past Resurfaces
When a twenty-year-old conviction enters the conversation, parents often worry they’ll be judged for who they used to be. I approach these cases by emphasizing progress, growth, and current parenting patterns. Judges respond strongly to evidence that reflects consistency, responsibility, and emotional investment in the child’s life.
Parents who’ve dealt with substance issues may also have powerful recovery stories that illustrate long-term sobriety and stability. Courts don’t expect perfection, but they do want confidence that the child’s environment promotes safety and development. When those themes are supported by documentation and testimony, old convictions lose much of their weight.
Moving Forward When Custody Is at Stake
For many families, the biggest relief comes when they realize that a conviction doesn’t automatically block child custody. It can raise hurdles, but it doesn’t determine the outcome. Judges are required to assess the child’s best interests, and for many parents, the present tells a far better story than the past.
I’ve worked with clients who feared that an old conviction would result in the loss of their parental rights. After presenting strong evidence, cooperating with evaluations, and demonstrating involvement, those same parents won meaningful custody arrangements. While every case differs, family court allows room for redemption and long-term improvement.
Parents living in St. Louis, Missouri, and the surrounding areas often carry deep worry in these cases. They fear that the court will overlook their growth and focus only on substantive history. By honestly addressing the past and clearly presenting current stability, parents give themselves the best chance in a child custody dispute.
Take the Next Step With The Hardin Law Firm LLC
If you’re dealing with an expunged conviction while fighting for child custody, you’re not alone, and you’re not defined by your twenties forever. At The Hardin Law Firm LLC, I help clients build stronger cases, protect their parental rights, and advocate for their children’s future.
My firm serves individuals throughout St. Louis, Missouri, and the surrounding areas. Call today to protect your relationship with your child, and approach child custody litigation with confidence.