WHAT WILL KEEP ME FROM GETTING AN EXPUNGMENT?

  1. For the court to move forward with a petition for expungement the following must be met:
    • The petitioner has no subsequent misdemeanor or felony convictions;
    • Restitution, fines, and obligations to the court have been satisfied;
    • No charges are pending;
    • The petitioner’s habits and conduct demonstrate that the petitioner is not a threat to the public safety of the state; and
    • The expungement is consistent with the public welfare and the interests of justice warrant the expungement.

How long do I have to wait to have my conviction expunged?

After all incarceration, probation, parole, and conditions the court has set have been satisfied the following are the waiting periods before a conviction can be expunged:

  1. Felonies: RSMO 610.140: seven year waiting period after all incarceration, probation, and parole are completed.
    • You cannot have had any subsequent convictions.
  2. Misdemeanors: RSMO 610.140 three year waiting period after all incarceration, probation, and parole are completed.
    • No subsequent convictions.
  3. DUI vehicle and boat: RSMO 610.130: 10 years for a first offense DUI after all incarceration, probation, parole, and court conditions have been satisfied.
    • No subsequent alcohol related convictions.
  4. Minor in possession: RSMO 311.326:  1 year after turning 21.
    • No subsequent alcohol related convictions.

What Crimes cannont be expunged?

Violation of the Missouri statutes below or the municipal ordinance equivalent:

  1. Class A Felonies
  2. Dangerous Felonies under 556.061:
    • arson in the first degree
    • assault in the first degree
    • attempted rape in the first degree if physical injury results
    • attempted forcible rape if physical injury results
    • attempted sodomy in the first degree if physical injury results
    • attempted forcible sodomy if physical injury results
    • rape in the first degree
    • forcible rape
    • sodomy in the first degree
    • forcible sodomy
    • assault in the second degree if the victim of such assault is a special victim
    • kidnapping in the first degree
    • kidnapping
    • murder in the second degree
    • assault of a law enforcement officer in the first degree
    • domestic assault in the first degree
    • elder abuse in the first degree
    • robbery in the first degree
    • statutory rape in the first degree when the victim is a child less than twelve years of age
    • statutory sodomy in the first degree when the victim is a child less than twelve years of age
    • child molestation in the first or second degree
    • abuse of a child if the child dies as a result of injuries
    • child kidnapping
    • parental kidnapping committed by detaining or concealing the whereabouts of the child for not less than one hundred twenty days
    • “intoxication-related traffic offense” or “intoxication-related boating offense” if the person is found to be a “habitual offender” or “habitual boating offender” as such terms are defined in section 577.001
  3. Any offense that requires registering as a sex offender;
  4. Any felony offense where death is an element of the offense;
  5. Any felony offense of assault; misdemeanor or felony offense of domestic assault; or felony offense of kidnapping;
  6. Any offense listed, or previously listed in:
    • chapter 566:  Sexual offenses, human trafficking, sexual trafficking
    • 105.454: Prohibited acts by certain elected and appointed public officials and employees (corrupt politicians)
    • 105.478: Class B misdemeanor, Class E felony (political corruption statutes)
    • 115.631: Class one election offenses
    • 130.028: Prohibitions against certain discrimination or intimidation relating to elections
    • 188.030: Abortion of viable, unborn child
    • 188.080: Abortion performed by other than a physician with surgical privileges at a hospital
    • 191.677: Prohibited acts, individuals knowingly infected with HIV
    • 194.425: Abandonment of a corpse without notifying authorities
    • 217.385: Violence or injury to others or property by offender
    • 334.245: Abortions, only physicians to perform
    • 375.991: Fraudulent insurance act
    • 389.653: Trespass to railroad property
    • 455.085: Arrest for violation of order
    • 455.538: Law enforcement agencies response to violation of order
    • 557.035: Hate offenses
    • 565.120: Kidnapping, second degree
    • 565.130: Kidnapping, third degree
    • 565.156: Child abduction
    • 566.093: Sexual misconduct, first degree
    • 566.111: Sex with an animal
    • 566.115: Sexual conduct with a nursing facility resident or a vulnerable person, First Degree
    • 568.020: Incest
    • 568.030: Abandonment of a child in the first degree
    • 568.032: Abandonment of a child in the second degree
    • 568.045: Endangering the welfare of a child in the first degree
    • 568.060: Abuse or neglect of a child
    • 568.065: Genital mutilation of a female child
    • 568.175: Trafficking in children
    • 569.040: Arson in the first degree
    • 569.050: Arson in the second degree
    • 569.055: Knowingly burning or exploding
    • 569.060: Reckless burning or exploding
    • 569.065: Negligent burning or exploding
    • 569.160: Burglary in the first degree
    • 570.025: Robbery in the second degree
    • 570.090: Forgery
    • 570.180: Defrauding secured creditors
    • 570.223: Identity theft
    • 570.224: Trafficking in stolen identities
    • 570.310: Mortgage Fraud
    • 571.020: Possession manufacture, transport, repair- sale of certain weapons
    • 571.060: Unlawful transfer of weapons
    • 571.063: Fraudulent purchase of a 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 during the commission of a crime
    • 574.070: Promoting civil disorder in the first degree
    • 574.105: Money laundering
    • 574.115: Making a terrorist threat, first degree
    • 574.120: Making a terrorist threat, second degree
    • 574.130: Agro-terrorism
    • 575.040: Perjury
    • 575.095: Tampering with a judicial officer
    • 575.153: Disarming a peace officer or correctional officer
    • 575.155: Endangering a corrections employee
    • 575.157: Endangering a mental health employee, visitor, or another offendor
    • 575.159: Aiding a sexual offender
    • 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 a prisoner
    • 575.240: Permitting escape
    • 575.353: Assault on a police animal
    • 577.078: Class B felony water contamination
    • 577.703: Class B and D felonies: Bus hijacking, penalty — assault with intent to commit bus hijacking, penalty, with a deadly weapon, penalty — possession and concealment of deadly weapon by passenger
    • 577.706: Class A, B and D felonies:  Planting a bomb or explosive in or near a bus or terminal 
    • 632.520: Class B and D felonies:  Offender committing violence against an employee–damage of property, (Department of Mental Health)