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Missouri Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

Title: Missouri Petition for Expungement of Record in Case of Acquittal and Release without Conviction Keywords: Missouri, petition for expungement, record, acquittal, release without conviction Introduction: The Missouri Petition for Expungement of Record in Case of Acquittal and Release without Conviction provides individuals with the opportunity to clear their records if they have been acquitted of a criminal charge or released without any conviction. This legal process allows eligible individuals in Missouri to have their arrest and court records sealed, providing them with a fresh start and the freedom to pursue various opportunities without the stigma of a criminal history. Types of Missouri Petitions for Expungement: 1. Expungement after Acquittal: This type of petition is filed by individuals who have been found not guilty of the criminal charges against them. Once granted, it allows the expungement of arrest records, court records, and related documents associated with the case. 2. Expungement after Release without Conviction: This petition is applicable to individuals who were arrested but subsequently released without being convicted of any crime. It allows the expungement of arrest records, court records, and associated documents related to the arrest, ensuring that no public records are accessible. 3. Expungement Eligibility Assessment: Before filling out either type of petition, individuals are advised to undertake an expungement eligibility assessment. This assessment helps determine if an individual meets the necessary criteria for expungement. Qualified legal practitioners can provide guidance during this process and assess whether an individual is eligible for expungement. Procedure for Filing a Petition: 1. Consultation with an attorney: Seeking legal advice is highly recommended understanding the eligibility criteria and navigate through the intricacies of the expungement process. 2. Gathering necessary documents: Collect all documents related to the case or arrest, including police reports, court records, and any additional relevant paperwork. 3. Obtain expungement petition documents: Obtain the official expungement petition form from the Missouri Circuit Clerk's office or the respective county's courthouse website. Fill out the form accurately, ensuring all required information is included. 4. Filing the petition: File the completed petition along with the supporting documents at the Missouri Circuit Clerk's office or the appropriate county courthouse. Pay any applicable filing fees, if required. 5. Serving notice: Serve a copy of the filed petition on all relevant parties, including law enforcement agencies, prosecuting attorney's office, and the Missouri State Highway Patrol within the stipulated timeframe. 6. Attend the hearing: Prepare for the expungement hearing scheduled by the court. During the hearing, present your case, supported by the evidence and legal arguments demonstrating your eligibility for expungement. 7. Court's decision: The court will review the petition and all relevant information before rendering a decision. If the petition is granted, the court will order the expungement of all applicable records. Conclusion: The Missouri Petition for Expungement of Record in Case of Acquittal and Release without Conviction offers an opportunity for individuals to clear their records and move forward with their lives. By initiating this legal process, eligible individuals can have their arrest and court records expunged, avoiding the potential negative consequences of a criminal history. Seeking legal guidance throughout the expungement process is crucial to ensure a smooth and successful petition.

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FAQ

Expungement (sealing) pursuant to Mo. Rev. Stat. § 610.140, also restores firearms rights.

All agencies that may have records must be identified by checking the appropriate box(es) under "Defendant(s)." A $250 surcharge will be assessed when the petition is filed with the court. The judge may waive the surcharge if the petitioner is found by the judge to be indigent and unable to pay the costs.

Under the new law approximately 1,900 offenses can now be expunged. A petition to expunge a misdemeanor may be filed one (1) years after completion of any sentence or probation period. A petition to expunge a felony may be filed three (3) years after completion of any sentence or probation period.

Current Bill Summary SB 347 - This act provides that any offenses, infractions, misdemeanors, or felonies which are eligible for expungement under current law shall be eligible for expungement without petition beginning August 28, 2025, subject to limitations as provided in the act.

How Does Expungement Work in Missouri? Any class A felony offenses. Any dangerous felonies defined in SS556. 061 RSMo. Any offense requiring the petitioner to register as a sex offender. Any felony offense where death is an element of the offense. Kidnapping.

New 2021 Missouri Expungement Law You now only have to wait three years for a felony offense and one year for a misdemeanor offense. If you've been waiting for your chance to put a past mistake behind you, you can do it sooner than before.

Before someone can file for an expungement, the individual must have paid off his or her fine, completed his or her probation or parole, and have a three-year clean date to be eligible for a felony offense expungement or have a one-year wait to be eligible for a misdemeanor offense, municipal offense, or infraction ...

Offenses That Cannot 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;

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Petition for Expungement of Arrest Records ... This form is used to ask the court to order agencies that have arrest records pertaining to a specific incident in ... Expungement is when the court seals a criminal record. An expunged record is not publicly accessible and would require a court order to reopen the record.Pursuant to section 610.140, RSMo, I request that the court issue an order to expunge my record of arrest, plea, trial, or conviction(s), for the criminal case( ... Feb 24, 2023 — These forms can be used to clean or seal a criminal record, potentially leading to restored civil rights, improved employment opportunities, ... Apr 6, 2021 — To expunge a crime, an individual must file a petition in the court in the county where the individual was charged or found guilty of any ... Most non-conviction records may not be released to the public, but sealing is authorized only in cases of mistaken identity or false accusation. Most juvenile ... This petition to expunge the police and court records, including electronic records, relating to the charge(s) detailed in. A convicted offender is eligible to petition the sentencing court for the sealing of the records of the case after one year has passed from the date the ... Upon majority, sealing after a two-year waiting period with no subsequent convictions. D.C. Code §. 16-2335(a). Court authorized to seal non-conviction records. Jul 19, 2021 — State lawmakers are increasingly interested in statutory provisions that automatically clear a person's criminal record.

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Missouri Petition for Expungement of Record in Case of Acquittal and Release without Conviction