The Expungement Process: A Step-by-Step Guide
June 26, 2025
Completing expungement requires adherence to specific rules and deadlines. You’ll need to meet all court-ordered conditions—such as paying fines or finishing probation—before filing. Once your conviction is sealed, it’s as though it never occurred for most practical purposes.
By understanding each step, you can work with a lawyer to remove barriers to employment, housing, and education that follow a conviction. Beginning this process can help restore your peace of mind and open new opportunities.
The Hardin Law Firm LLC is based in Missouri and focuses on criminal defense to help clients clear past convictions. Missouri law offers a path to expungement where eligible offenses disappear from most background checks. Read on to learn how to prepare, file, and finalize an expungement with a criminal defense firm’s guidance.
Preparing for Expungement
Before you file, gather every document related to your conviction. Request certified copies of dispositions, sentencing orders, and probation or parole documentation from the court clerk. Review phone bills, payment receipts, or any proof that shows you completed probation and paid all fines. Having these records on hand prevents delays when your petition moves forward.
Next, calculate waiting periods applicable to your offense. Simple misdemeanors may allow you to file immediately after finishing probation. Nonviolent felonies require a three-year wait after you pay fines, complete probation, or finish parole. If your conviction resulted from a deferred judgment, you can petition once the court officially dismisses your case. Confirm these timelines before moving ahead.
Eligibility Requirements
Missouri law limits which convictions can be expunged. To qualify, you must meet all court-ordered conditions and wait the required period before you file. Eligible categories include:
Misdemeanor convictions: These involve low-level offenses such as minor drug possession or first-time shoplifting. You must complete probation, pay all fines, and not be convicted of a new crime during the waiting period.
Certain felony convictions: Nonviolent felonies may qualify if you weren’t sentenced to prison, finished probation or parole, paid all fines, and waited three years without new offenses.
Juvenile adjudications: Crimes committed as a juvenile generally become eligible once you reach adulthood and finish any required programs or probation.
Acquittals and dismissals: If charges were dropped or you were found not guilty, you can petition right away, since there’s no conviction.
Completed deferred judgments: When probation ends and the court dismisses charges, the case is expungable immediately after dismissal.
Even if a traffic violation led to a misdemeanor charge, you would follow the same path as other misdemeanors. An experienced criminal defense lawyer can confirm whether your case qualifies.
After you confirm eligibility, gather all necessary records and verify that you’ve satisfied every court requirement before filing your petition.
Filing the Petition
Once you have documents and know you’re eligible, you can begin drafting your expungement petition. Include certified court dispositions, criminal history record surveys, and any certificates of compliance you received upon completing probation or paying fines. Accurately list each charge, case number, and judgment date—errors here often lead to delays.
File the petition in the county where your conviction occurred. There’s a filing fee, so include payment or a fee waiver request if you qualify. After submission, the court clerk assigns a case number and schedules a date for a preliminary review. At that review, the judge checks if your petition is complete and if you’ve met eligibility requirements. If your paperwork passes muster, the case moves forward to the notice stage.
Serving Notice and Objections
After filing, you must serve notice on the prosecutor’s office in the county where you were convicted. In some situations—such as when a victim was identified—you may also need to serve the victim or law enforcement agencies involved. Notice must follow court rules: serve the correct parties within the allotted time frame, usually within 30 days of filing. If you miss this deadline, the process stalls.
Once notice is served, those parties have time to object—typically 30 days. Prosecutors may object if they believe clearing your record conflicts with public interest, for instance, if harm resulted from your offense. If no one objects within the deadline, the court likely proceeds to schedule a hearing. If objections do arise, your criminal defense lawyer will address them by providing evidence of rehabilitation and community support.
Court Hearing and Decision
If objections arise, or if the judge requests a hearing anyway, you’ll attend a brief court session. Your lawyer presents your case to the judge, explaining how expungement benefits both you and the community. They’ll highlight factors such as your compliance with probation, lack of new convictions, and positive community contributions since the offense. Judges often grant expungement when they see no risk to public safety.
If the judge approves your petition, they sign an order of expungement. This order directs state agencies, local courts, and law enforcement to seal or destroy records related to your conviction. After the hearing, your lawyer confirms the order is entered and requests updated criminal history reports from the state. If the judge denies the petition, you may have options for appeal or refiling, depending on the reason for denial and your lawyer’s recommendations.
Costs and Fees Associated With Expungement
Before you file an expungement petition, it’s important to know the potential expenses involved so you’re prepared for any court or agency requirements. Fees vary by county and case specifics, but generally include court filing costs, fingerprinting charges, and document retrieval expenses. Gathering this information helps you avoid unexpected delays or denials due to missing payments. Typical costs you should anticipate include:
Court filing fee: Counties often charge between $50 and $200 to file an expungement petition.
Fingerprinting costs: Most counties require fingerprint cards or live-scan services, which range from $10 to $50.
Certified record retrieval: You’ll need certified copies of dispositions, sentencing documents, and probation records at roughly $1 to $5 per page.
Verification fees: If you completed probation or parole, the Department of Corrections or similar agencies may charge $10 to $25 to confirm your compliance.
Even if you qualify for a fee waiver, you might still pay for copies or fingerprinting. Your lawyer can help you apply for any available waivers and track receipts to make sure every expense is accounted for. By budgeting for these fees upfront, you’ll avoid interruptions in filing your petition and keep the expungement process moving forward.
Final Steps After Expungement
After the judge’s order, follow up with each agency to confirm that records are properly sealed. This includes the Missouri Highway Patrol, county clerks, and the Department of Corrections if you served parole. Although the court’s order instructs agencies to act, mistakes happen. Request a copy of your updated criminal history report—if it still displays the expunged record, file a motion to enforce the expungement order.
Finally, review personal background checks—such as employment screenings—to confirm your conviction no longer appears. If it does, notify your lawyer immediately. They’ll send a certified copy of the expungement order to the background check provider, compelling them to update your file. Completing these steps makes sure your record is fully cleared and you can move forward without lingering issues.
Benefits of Expungement
Expunging a conviction can transform your life. Once sealed, most employers and landlords won’t see the conviction, improving your chances of securing a job or affordable housing. Job applications often ask about criminal history; with an expunged record, you can truthfully answer “no” to many questions. This opens doors that might otherwise remain closed.
Education and licensing opportunities expand, too. Many academic programs and professional boards prohibit applicants with convictions on record. By expunging eligible offenses, you can pursue college scholarships, vocational training, or professional licenses for trades that once refused you entry. Additionally, personal peace of mind follows—knowing that an old conviction won’t haunt you eases stress and supports mental well-being.
Potential Obstacles and How to Overcome Them
Several common challenges can stall or jeopardize an expungement petition, but knowing how to address them increases your chances of success. Issues often arise from missing paperwork, unpaid fines, or objections from prosecutors—and each requires prompt attention and evidence. By identifying these hurdles in advance, you and your lawyer can prepare the right documents and strategies to move past them. Typical obstacles you may encounter include:
Incomplete or missing documentation: Older records may have been archived or lost. To address this, your lawyer can file a motion to have the court accept an affidavit from court personnel or request archived documents from other jurisdictions.
Outstanding fines or restitution: Courts require payment of all fines, court costs, and restitution before considering expungement. If you owe a balance, your lawyer can negotiate payment plans or request a hearing to prove you’ve satisfied your debts.
Multiple convictions: Each eligible conviction often needs its own petition and has separate waiting periods. Your lawyer can calendar filings to meet each deadline and confirm no timelines overlap.
Incomplete probation or parole: Waiting periods don’t begin until all probation or parole terms are fulfilled. Your lawyer will verify official records, confirm accurate reporting, and file status updates once you complete the requirements.
Prosecutor objections: Prosecutors may argue expungement conflicts with public interest. To overcome this, your lawyer presents evidence of rehabilitation to persuade the judge that sealing your record is appropriate.
By preparing detailed evidence and filing necessary motions early, your lawyer can resolve obstacles quickly. Proactive communication with courts and agencies prevents unnecessary setbacks, allowing your petition to continue without avoidable delays.
Contact an Experienced Lawyer Today
The Hardin Law Firm LLC proudly serves St. Louis, Missouri, and the surrounding communities. Allow me to help you review your record, answer your questions, and guide you through each step of the expungement process. Reach out today to schedule a consultation and take the first step toward clearing your record.