If you are seeking a Missouri expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the Missouri Expungement Kit is ready.
Requirement(s) to qualify for an expungement in the state:
Any person when the arrest was based on false information and the following conditions exist:
- There is no probable cause, at the time of the action to expunge, to believe the individual committed the offense;
- No charges will be pursued as a result of the arrest;
- The subject of the arrest has no prior or subsequent misdemeanor or felony convictions;
- The subject of the arrest did not receive a suspended imposition of sentence for the offense for which the arrest was made or for any offense related to the arrest; and
- No civil action is pending relating to the arrest or the records sought to be expunged.
Additional restrictions on who can qualify for an expungement
You are eligible in Missouri for expungement if your arrest was based on false information.
If you qualify, you may file a verified petition for expungement in the civil division of the circuit court in the county of your arrest. The court then sets a hearing on the matter no sooner than 30 days from the filing of the petition. If the court finds that you are entitled to expungement of any record, it must enter an order directing expungement.
Does the law provide for sealing? What are the requirements?
The law authorizes the sealing of certain criminal records of adults and minors prosecuted as adults. Convictions for municipal ordinance violations or misdemeanors; any misdemeanor violation or class D felony violation of prostitution, possession of marijuana; or possession of a controlled substance under Section 195.202 may be sealed. The sealing of a criminal record is allowed only when the individual was acquitted, had the conviction reversed, or has not been convicted of a felony or misdemeanor for at least three years after completing any misdemeanor probation or has gone four years since conviction without any subsequent convictions. The sealing of records for driving while intoxicated, driving with excessive blood-alcohol content, any conviction requiring registration as a sexual offender under Section 589.400, certain misdemeanor offenses and any violation of an order of protection will not be allowed. Any individual wanting to seal a criminal record is required to file a petition naming as defendants all entities whom the petitioner has reason to believe may possess the record.
What does it mean if you have a record expunged or sealed?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
Any record of arrest where arrest of adult was based on false information. In the case of juvenile arrests, if a petition has not been filed within thirty days of the date that the child was taken into custody; and if a petition for the child has not been filed within one year of the date the child was taken into custody, any records relating to the child concerning the alleged offense may be expunged.
Expunged records must be destroyed, unless not feasible- then they are to be blackout out. Entries of a record ordered expunged pursuant to section 610.123 must be removed from all electronic files maintained with the state of Missouri The state central repository must request the Federal Bureau of Investigation expunge the records from its files.
Are you eligible for a Missouri Expungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .
Be sure to check the site often
as we are in the process of adding the Expungement
Kit for the State of Missouri soon.