What Are the Steps to Get a Criminal Record Expunged in Missouri?
Feb. 23, 2025
Expunging a criminal record in Missouri can offer individuals a fresh start by removing certain offenses from public view. For those who meet the eligibility requirements, this legal process can help improve employment opportunities, secure housing, and enhance personal and professional relationships.
For clients in St. Louis, Missouri, The Hardin Law Firm believes understanding the steps to expunge a criminal record is essential for anyone considering this option under Missouri law. How should you begin the process? Attorney Hardin and his firm answer that question here.
A Rundown on Expungement in Missouri
Expungement is the process of legally sealing a criminal record, making it inaccessible to the public. Missouri’s expungement laws provide an opportunity for individuals with eligible offenses to remove past mistakes from their records. However, not all offenses qualify, and specific criteria must be met.
Determine Eligibility for Expungement
It’s crucial to understand the eligibility requirements before beginning the process. Here is a list of several eligible and ineligible offenses:
Certain non-violent felonies
Misdemeanor convictions
Certain alcohol-related driving offenses
Arrest records without convictions
Offenses that aren't considered eligible for expungement include:
Class A felonies
Violent crimes
Sexual offenses
Certain traffic offenses, such as DWI-related convictions
Reviewing whether a record qualifies for expungement is the first step in moving forward. Legal counsel can help identify eligibility and provide guidance on the next steps.
Meet the Waiting Period Requirements
Missouri law requires individuals to meet specific waiting periods before petitioning for expungement. The length of the waiting period depends on the type of offense. Some of the waiting periods include:
Felonies: Seven years from the date of conviction or completion of the sentence, whichever is later. The waiting period begins after the person has fully completed their sentence, including probation or parole. If the individual has any additional criminal activity during this period, it may affect their eligibility for expungement.
Misdemeanors: Three years from the date of conviction or completion of the sentence, whichever is later. Like felonies, the waiting period begins after the completion of the sentence, and any new offenses during this time may impact eligibility. The court will also consider the nature of the misdemeanor when reviewing the petition for expungement.
Arrests without conviction: No waiting period is required, but individuals must prove they weren't charged or that the charges were dismissed. This includes showing that no conviction resulted from the arrest or demonstrating that the charges were dropped by the prosecutor. If the charges were dismissed, the individual may be required to provide documentation supporting this outcome.
Meeting these time frames is essential for filing a valid expungement petition. Filing prematurely can result in a denial and further delays.
Prepare the Necessary Documents
The expungement process requires specific documentation to support the petition. Accurate and thorough preparation is critical to avoiding unnecessary complications. The documents you'll need include:
Petition for expungement: This formal request outlines the offenses to be expunged and demonstrates eligibility. It must be filed with the correct court and include any supporting documentation to substantiate the claim for expungement.
Court records: Certified copies of the original conviction or arrest records. These records provide official confirmation of the offense and serve as a foundation for the expungement request.
Proof of rehabilitation: Evidence that the individual has made positive changes, such as completed education, employment, or community service. This may include certificates, letters of recommendation, or records from rehabilitation programs that show the person’s commitment to improvement.
Affidavits: Statements from employers, community members, or others attesting to the individual’s character and progress. These affidavits help demonstrate that the individual has made significant strides in their personal and professional life.
Organizing these documents beforehand helps streamline the process and reduces the likelihood of delays.
File the Petition for Expungement
Once the necessary documents are prepared, the next step is to file the petition for expungement with the appropriate Missouri court. It's important to identify the correct court, as the petition must be filed in the court where the original conviction or arrest occurred.
Additionally, a filing fee is typically required, and the amount may vary depending on the jurisdiction. When submitting the petition, make sure that all required documents are included and that the petition is complete and accurate.
After filing, the court will schedule a hearing to review the petition, and preparation for this hearing is essential for achieving a successful outcome.
Attend the Expungement Hearing
The expungement hearing allows the court to review the petition and determine whether to grant the request. Petitioners must be prepared to present their case and answer any questions from the judge. During the hearing, you can expect the following:
Presentation of evidence: Petitioners may need to provide proof of eligibility, rehabilitation, and compliance with legal requirements. This may include documents such as court records, certificates, and letters of support from community members or employers.
Response to opposition: Prosecutors or other parties may object to the expungement. Be prepared to address these objections by presenting counterarguments or additional evidence that strengthens your case for expungement.
Judge’s decision: The judge will decide whether to grant or deny the petition based on the evidence and arguments presented. If granted, the court will issue an order to expunge the record, and if denied, petitioners may have the option to appeal or take other legal actions.
Preparation and legal representation can make a significant difference in the hearing’s outcome. An experienced criminal defense lawyer can help present a strong case for expungement.
Comply With Post-Expungement Requirements
If the court grants the expungement, there are additional steps to finalize the process and confirm that the record is sealed properly. These steps include:
Obtain a copy of the court order: This document confirms the expungement and serves as proof of the court’s decision.
Notify relevant agencies: Inform law enforcement, background check companies, and other entities that the record has been expunged.
Monitor the record: Periodically check to confirm the record has been removed from public access.
Following these steps helps maintain the benefits of expungement and avoids potential complications in the future.
Common Challenges in the Expungement Process
While expungement offers significant benefits, challenges can arise during the process, including:
Missing documentation
Errors in the petition
Opposition from prosecutors
Misunderstanding eligibility requirements
Legal guidance can help address these challenges and increase the likelihood of a successful expungement.
Preparing for Life After Expungement
Life after expungement offers a chance to pursue new opportunities with a clean slate. Petitioners often find they can access better employment options, housing opportunities, and personal growth. However, taking proactive steps to make the most of this fresh start is equally important. You'll want to:
Update personal records: Verify personal documentation, such as résumés and job applications, reflects the expungement.
Seek career development resources: Utilize training programs, workshops, or counseling services to expand career opportunities.
Strengthen community ties: Engage in volunteer work or local activities to build a supportive network and enhance personal connections.
These efforts not only help individuals rebuild their lives but also reinforce the positive outcomes that expungement offers.
Expunging a criminal record in Missouri involves several steps, including determining eligibility, meeting waiting periods, preparing documents, and attending a hearing. While the process can seem intricate, the rewards of expungement—such as better job prospects and improved quality of life—are worth the effort.
Contact Us to Expunge Your Criminal Record
The Hardin Law Firm is committed to helping individuals in St. Louis, Missouri, and the surrounding areas, achieve a fresh start by guiding them through the expungement process with experience and care. Contact us today to start the process.