Handbook on expungement law and procedures providing valuable information for Attorneys and their Clients.
Missouri Expungement Handbook - Procedures and Law
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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;
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 offenses, ing to §610.140 RSMo. Click here to download the expungement petition. There is a $250 charge when someone files an expungement petition.
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.
In the case of a misdemeanor, complete and submit CR-180 California Penal Code section 1203.4a states the requirements of expunging a California misdemeanor, including completing and submitting form CR-180, the Petition for Dismissal. Note that you must submit the petition for expungement in the county of conviction.
Tens of thousands of Missourians are eligible for expungement. The process is expensive and burdensome, and only about 1% are actually successful in obtaining that expungement. HB 352/SB 347, Clean Slate legislation, aims to close that gap.
Current Bill Summary A person may be granted expungement for no more than 3 felony offenses, no more than 5 misdemeanor offenses or ordinance violations, and any number of infractions. If a person has more than 3 felonies or 5 misdemeanors, then he or she shall not be eligible for expungement without petition.
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.
In 2021 the waiting periods were further reduced to three years for felonies and one year for misdemeanors. See SB 53. A person may expunge one felony and two misdemeanors in their lifetime, regardless of the court in which expungement is sought. Id.