Expungements

Expungement Attorney in Missouri

Clear Your Record. Reclaim Your Future.

Updated for Recent Legal Changes
This article was updated to reflect changes in the law, which took effect August 28, 2021. It refers specifically to statutory expungement under §610.140 RSMo. This information does not apply to constitutional expungement provisions introduced by Amendment 3, effective December 8, 2022.

A Second Chance Through Expungement

Individuals who committed certain crimes may now have those offenses sealed under Missouri’s expungement law — lifting the weight of a criminal record and opening new opportunities for employment, housing, education, and professional licensing.

Expungement is a legal process in which a court seals a criminal record from public view. Once expunged, a record is no longer publicly accessible and can only be reopened by court order. In most situations, a person whose record has been expunged does not need to disclose that conviction, except in specific instances outlined under §610.140.9 RSMo.

Missouri’s Expungement Law: How We Got Here

Missouri has significantly expanded eligibility for expungement over the past several years:

• Senate Bill 588 (2016): Took effect in January 2018 and greatly increased the number of expungeable offenses.

• Senate Bills 53 & 60 (2021): Further broadened access and clarified procedures. These updates took effect August 28, 2021.

Today, over 1,900 offenses are eligible for expungement under the revised statute.

Offenses That Cannot Be Expunged

Certain offenses are excluded from eligibility under §610.140.2 RSMo, including:

• Class A felonies

• Offenses requiring sex offender registration

• Felony convictions involving death

• Felony assault

• Misdemeanor or felony domestic assault

• Felony kidnapping

Additional offenses may also be ineligible; individuals should consult the statute or legal counsel for case-specific review.

Who Is Eligible for Expungement?

To qualify, an individual must:

• Have completed any sentence, parole, or probation

• Have paid all fines and restitution

• Wait 3 years after completing sentence for felonies or 1 year for misdemeanors, municipal violations, or infractions

• Not have pending charges

• Have demonstrated a law-abiding lifestyle during the waiting period

How the Expungement Process Works

1. File a Petition: The petition must be filed in the county where the charge or conviction occurred. There is a $250 surcharge, which may be waived if the petitioner cannot afford it.
2. Serve Defendants: All agencies or organizations holding records related to the offense must be named and served as defendants in the case.
3. Court Review & Hearing:
   1. Defendants have 30 days to file objections.
   2. The court must hold a hearing within 60 days of an objection or within 30 days if no objection is filed.
   3. The court may consider evidence and testimony related to each listed offense.
4. Decision: If granted, the expungement removes the offense from public records. The petitioner may legally state they have not been convicted of the expunged offense — except where disclosure is required by §610.140.9 RSMo.

Important Limitations & Refiling

• If an expungement is denied, the individual may:

  • Refile in one year

  • Appeal the court’s decision

• A person may be granted expungement for:

  • One felony conviction and

  • Up to two misdemeanors or ordinance violations that carried potential imprisonment

Missouri’s expungement law offers a powerful tool for individuals ready to move forward from past mistakes. Because the process involves technical filings and legal deadlines, individuals are encouraged to consult an attorney.