Exploring the Expungement Process: Clearing Criminal Records for a Fresh Start

What is the Expungement Process and How Could it Help You?

Expungement is a legal process that allows individuals to have certain criminal records sealed or destroyed, thereby removing them from public access. Clearing your criminal record can have numerous benefits for your employment prospects, reputation, and other key aspects of your life. However, only some categories of crimes qualify for expungement under Missouri law. The process is governed by specific state statutes and involves several steps, including eligibility determination, petition filing, and court hearings.

Unfortunately, seeking an expungement can be complex, and errors or oversights in documentation can delay or prevent the approval of your petition. Understanding the nuances of the process and the types of crimes eligible for expungement can be crucial for individuals seeking a fresh start. Securing the assistance of an experienced Missouri expungement attorney who can advise and guide you may be highly beneficial if you are considering making an attempt to remove a past crime from your record.

When Could Expungement Be an Option?

In Missouri, the eligibility for expungement is primarily governed by Section 610.140 of the Revised Statutes of Missouri (RSMo). According to this statute, individuals can apply to expunge records of arrests, pleas, trials, or convictions for certain offenses, violations, or infractions, provided they meet specific criteria. Notably, the statute states that at least seven years must have passed since the completion of any authorized disposition for a felony, and at least three years for a misdemeanor, municipal offense, or infraction. It also specifies the conditions under which a court may grant an expungement, such as the absence of any pending charges, the completion of all obligations related to the offense, and the demonstration that the petitioner is not a threat to public safety.

Which Offenses Cannot Be Expunged?

It’s critical to remember that not all crimes will be eligible for expungement. Consulting with an attorney to determine the appropriate strategy for mitigating the ramifications of your criminal record is essential. Missouri statutes explicitly exclude several categories of offenses, including:

• Class A felonies
• Traffic, aircraft, or boating offenses involving intoxication
• Motor vehicle offenses where the driver possessed a commercial driver’s license (CDL)
• Offenses requiring sex offender registration
• Felony offenses involving death
• Felony assault offenses
• Domestic assault offenses
• Felony kidnapping convictions

How Do You Seek an Expungement?

The process of expunging a criminal record in Missouri involves several steps:

• Drafting the petition: The petitioner must draft a Petition for Expungement, which includes details such as the court where the conviction occurred, the case number, the charges, and the date of conviction. The petitioner must also identify all entities that may have records of the offense
• Filing the petition: The petition is filed in the circuit court of the county where the conviction occurred. The petitioner must pay a $250 surcharge, although this fee can be waived for individuals who can demonstrate an inability to pay
• Serving the petition: The petitioner must serve the petition on all relevant entities, including the prosecuting attorney and any law enforcement agencies involved in the case
• Attending court hearings: If no objections are filed within 30 days, the court will schedule a hearing to determine whether the expungement is warranted. The court will consider factors such as the petitioner’s conduct, the absence of pending charges, and whether the expungement serves the interests of justice
• Receiving the court’s decision: If the court grants the expungement, the petitioner’s criminal record will be sealed, and the individual can legally state that they have not been convicted of the expunged offense, except in specific circumstances outlined by the statute

Why Should You Consider Getting Your Record Expunged?

Successfully expunging a criminal record offers several significant advantages:

• Employment opportunities: An expunged record can enhance employment prospects, as individuals are not required to disclose expunged convictions to most employers. A clean record can open doors to better job opportunities and career advancement
• Housing and education: Expungement may improve access to housing and educational opportunities, as landlords and academic institutions often conduct background checks
• Restoration of certain rights: Expungement can restore some civil rights you may have forfeited due to a conviction, including the right to vote, serve on a jury, or own firearms, depending on the nature of the offense and state laws
• Peace of mind: Clearing a criminal record can provide psychological relief and a sense of closure, allowing individuals to move forward without the social stigma of a past conviction

What Role Can a Knowledgeable Attorney Serve in Your Expungement Process?

While a successful expungement petition may facilitate and support positive changes in many areas of your life, navigating the legal process can be complex and daunting. However, you don’t have to attempt this undertaking on your own. An experienced criminal defense attorney can provide invaluable assistance in several ways:

• Case Evaluation: Your legal representative can evaluate the specifics of your case to determine eligibility for expungement, advise you on the likelihood of success, and offer alternatives that may be better suited to your circumstances
• Legal proficiency: A skilled attorney has a thorough understanding of the relevant statutes and legal requirements, ensuring that your petition is correctly drafted and filed
• Representation: During court hearings, your attorney can provide effective and knowledgeable representation, presenting arguments and evidence to support your expungement request

How Can Our Law Firm Assist You?

People grow and change over time and should not be defined by mistakes in their past. At Loraine Law Center, LLC, we believe you deserve to break free from the limitations you’re experiencing due to an arrest or conviction. Expunging a criminal record is a valuable legal remedy that can significantly improve your quality of life by removing barriers to employment, housing, and other opportunities. Clearing your criminal record can help you achieve a fresh start and prepare you for a brighter future. If you’re ready to explore the expungement process, schedule a consultation with us today using our convenient online form or call our Jefferson City 573-284-3048 or Kansas City 816-720-7634 law office.