Missouri Motion for New Trial for Purpose of Expunging Criminal Record

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US-02609BG
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Description

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.

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FAQ

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.

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

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.

The following offenses, violations, and infractions are not eligible to be expunged under this section: 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;

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.

Essentially, if an applicant completed probation or their sentence seven years from today's date and has no criminal history in that time they are likely eligible for expungement. This includes felony possession of controlled substance and felony distribution charges.

The Missouri expungement law outlines that the Missouri Highway Patrol shall request the FBI remove any criminal conviction record from its databases. However, Missouri Courts do not have jurisdiction to demand that the FBI remove these records.

Missouri law permits the expungement of the arrest and conviction records of many misdemeanors and non-Class A felonies. The waiting periods for having records expunged are: for arrest records, three years from the date of the arrest. for misdemeanor conviction records, three years from the date of the conviction.

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Missouri Motion for New Trial for Purpose of Expunging Criminal Record