Arrest Expungements

There are two paths to an arrest expungement:

A.  The ideal path to an arrest expungement is to use RSMO 610.122, under this section in order to qualify for an arrest expungement the following conditions must be met:

1. 1. The arrest was based on false information, and:
      • There is no probable cause at the time of the expungement to believe the individual committed the offense;
      • No charges will be pursued as a result of the arrest; and
      • The subject of the arrest did not receive an SIS for the charge or any charge related to the arrest;
   2.  The subject of the arrest has no prior or subsequent misdemeanor or felony convictions.
   3. There is no civil action pending relating to the arrest.

B.  If you do not qualify under RSMO 610.122, you can try to use RSMO 610.140 to qualify for an expungement under the section the following conditions must be met.

1. 1. The offense must be eligible for expungement under RSMO 610.140 (you can view eligible offenses under the tab “Expungement Laws – Do I qualify” ;
   2. It has to be three years since the arrest;
   3. The petitioner can not be found guilty of any misdemeanor or felony in the three years since the arrest.

Two final notes on arrest expungements:  

There is a strong preference to use section 610.122, this statute goes beyond just expunging the record, it actually erases the arrest from records.

There are special rules relating to arrests for driving offenses.