Can I expunge a criminal conviction in Missouri?
Updated: May 19, 2021
Yes, for some offenses. Missouri law has recently changed to allow people to petition to expunge prior convictions, both felonies and misdemeanors. There are a lot of crimes that cannot be expunged, so call our office to find out if you're eligible. Here are some of the basic rules regarding expungement:
You can expunge one felony in your lifetime. (There is an exception for multiple felonies charged in a single information or indictment).
You can expunge up to two misdemeanors.
You have to wait seven years to expunge a felony and three years for a misdemeanor. The seven year period (or three) begins to run on the day you complete probation, parole or your prison or jail sentence, whichever occurs last.
You cannot have been convicted of any felonies or misdemeanors (with the exception of some minor traffic offenses) during the applicable waiting period.
If you have been found guilty of a sex offense that requires you to register as a sex offender, you are not eligible for expungement.
You cannot have any charges pending when you apply for expungement.
You must have paid all restitution, fines and court costs associated with your case.
If you meet the criteria for the statute, the Missouri Highway Patrol will not object to the expungement. If the prosecuting attorney objects, the burden is on him to show why the expungement should not be granted.
None of the following crimes can be expunged:
Any class A felony offense;
Any dangerous felony as that term is defined in section 556.061.
Any offense that requires registration as a sex offender;
Any felony offense where death is an element of the offense.
Any felony offense of assault; misdemeanor or felony offense of domestic assault; or felony offense of kidnapping.
Any offense listed, or previously listed, in chapter 566 or section 105.454, 105.478, 115.631, 130.028, 188.030, 188.080, 191.677, 194.425, 217.360*, 217.385, 334.245, 375.991, 389.653, 455.085, 455.538, 557.035, 565.084**, 565.085**, 565.086**, 565.095**, 565.120, 565.130, 565.156, 565.200**, 565.214*, 566.093, 566.111, 566.115, 568.020, 568.030, 568.032, 568.045, 568.060, 568.065, 568.080**, 568.090**, 568.175, 569.030**, 569.035*, 569.040, 569.050, 569.055, 569.060, 569.065, 569.067*, 569.072**, 569.100, 569.160, 570.025, 570.030, 570.090, 570.100, 570.130, 570.180, 570.223, 570.224, 570.310, 571.020, 571.060, 571.063, 571.070, 571.072, 571.150, 574.070, 574.105, 574.115, 574.120, 574.130, 575.040, 575.095, 575.153, 575.155, 575.157, 575.159, 575.195, 575.200, 575.210, 575.220, 575.230, 575.240, 575.350*, 575.353, 577.078, 577.703, 577.706, 578.008**, 578.305**, 578.310**, or 632.520
Any intoxication-related traffic or boating offense as defined in section 577.001, or any offense of operating an aircraft with an excessive blood alcohol content or while in an intoxicated condition.
So, there are a LOT of exceptions. The statutes followed by * or ** are now under the new criminal code, but they still cannot be expunged. Some municipalities have rules regarding expungement as well. For example, the city of Cabool.
If you think you have a conviction that is eligible for expungement, call my office and see if I can help.