What Types of Crimes Are Eligible for Expungement in Missouri?

What is Expungement and How Does It Work in Missouri?

In our current age, where we all use the internet and social media, it is challenging to escape our past. Therefore, any criminal record, or even a minor offense, can follow you for years or even the rest of your life. This issue can make it difficult (if not impossible) to hold specific jobs, get into college, qualify for student loans, find housing, and much more.

However, some legal relief is available, but strict legal rules and regulations apply. If your unique crime and its surrounding circumstances fit, you can get your record expunged. This process usually allows you to have your misdemeanor (and sometimes criminal) arrest records hidden from the public.

So, for example, if a job or housing application asks whether you have any criminal convictions, any expunged offenses don’t have to be disclosed.

Expunging your criminal record does not automatically delete it (which is a common misconception) from your record, as some law enforcement or federal agencies may still be able to access it. Additionally, expungement only applies to certain criminal records and keeps them from the general public’s view.

This is a significantly helpful process if your offense is eligible for expungement. The legal criteria can vary, but if done professionally, it can significantly and positively impact your and your family’s future lives.

You must note, however, that this is a legally complex situation, and experienced, knowledgeable, detail-oriented, and professional help from a Missouri expungement lawyer is mandatory.

Are There Certain Crimes That Expungement Wouldn’t Cover?

Missouri’s strict but fair expungement laws can significantly help you if you’re convicted of a non-violent, relatively minor offense or violation of the law. Examples of crimes that may qualify for expungement are simple drug possession, minor theft or shoplifting, vandalism, and destruction of property.

But even though these may be considered “minor” offenses, they still can appear on your record and make it much more challenging to obtain your desired employment, housing, mortgages, etc.

As your empathetic and well-versed expungement lawyer will explain, numerous crimes qualify for expungement under Missouri law; unfortunately, many crimes cannot be expunged.

Just a few of these types of convictions include:

• Any class A felony offenses, such as defrauding secured creditors, etc.
• Kidnapping of any kind.
• Any conviction that requires you to be registered as a sex offender.
• Almost all felony offenses that are classified as crimes against another person.
• Any misdemeanor or felony assault crimes that ultimately involve a death.
• Most repeat DWI offenses (although your first-time DWI conviction may be expunged after 10 years if you have no repeat offenses during that time.

Admittedly, these rules, laws, and crimes that can or cannot be expunged are complicated. Suppose you’re not sure whether your criminal record qualifies for expungement. In that case, you must obtain the professional advice and counsel of a highly qualified, tenacious, and compassionate expungement lawyer to be sure.

What Are Some Eligibility Requirements for Expungement in Missouri?

Of course, every case differs in its complexity, circumstances, etc., but currently, under Missouri law, to successfully obtain an expungement and get your criminal record “expunged,” your crime must meet the following five general requirements:

• Your precise offense or offenses that are legally eligible for expungement – There is a “Common Offense Eligibility Lookup List” that you can obtain. Still, due to the complexity of these laws, the advice and guidance of a thorough expungement lawyer is always in your best interest. Only Missouri state offenses are eligible, and federal crimes are not.
• Expungement of your record would not cause you to exceed Missouri law’s limit of two felony and three misdemeanor records for your lifetime. This is a strict rule, but has some exceptions. For example, you may have multiple felonies and/or misdemeanors, but some occurred during the same incident and at the same time, expungements in other states, some marijuana charges, and more.
• You satisfied the “Clean Waiting Period” for your offense. For example, for a felony, at least 3 years must have passed since you completed your sentence, and in that time, you have not been found guilty of any misdemeanor or felony offense (this may vary with your crime).
• You do not owe the Missouri court any fines, court costs, fees, or restitution on any case you wish to expunge.
• You do not have any pending new charges, active warrants, open or unresolved cases, unpaid traffic tickets, etc.

What Are Some Examples of Crimes Which Would Usually Qualify for Expungement?

According to the Missouri Revised Statutes, only particular criminal offenses can be expunged.

Just a few of these categories of crimes include:

• Non-violent felony crimes – Commonly, in Missouri, many non-violent felony convictions are eligible for expungement after a specific waiting period. These felonies usually involve drug possession, theft, and other property crimes.
• Numerous misdemeanors are commonly eligible for expungement, but they must still meet specific criteria. You may apply for expungement if you’ve completed your sentence and haven’t committed another offense.
• Dismissed charges or an acquittal – Charges dismissed or resulting in a verdict of not guilty (acquittal) can usually be expunged. If the court dismissed your crime, these records can generally be expunged without a lengthy waiting period.
• Convictions of juvenile crimes – Depending on the specifics of your crime, many juvenile offenses may also be eligible for expungement. Juvenile records are usually managed differently, and the expungement of juvenile crime will allow young people to move past the mistakes they made during their youth.

However, you must note that the legal aspects of expungement are challenging, and the type and category of the offense you’re charged with is only one piece of the criteria considered when determining if your crime can be expunged. This is why it’s critical that you obtain sound professional advice and knowledgeable guidance when dealing with this complex yet extraordinarily important legal matter.

I Need More Information About Having My Crime Expunged; How Should I Proceed?

Not unlike many aspects of Missouri law, you can legally attempt to navigate the expungement process without the assistance of a qualified expungement lawyer; in almost all cases, however, this is a critical mistake. The Missouri expungement process is legally complicated and intricate, and myriad factors will affect whether it is done correctly and legally and leads to a successful expungement.

This is why the prudent and wise thing to do to obtain a successful expungement is to work with an experienced, knowledgeable, tenacious, and empathetic expungement lawyer who can walk you through this daunting process and verify that your specific offense is eligible.

The expungement lawyer at Loraine Law Center, LLC, has the passionate, thorough, empathetic, yet aggressive approach this highly significant legal situation demands. Call them today at 573-284-3048 in Jefferson City and 816-720-7634 in Kansas City, and schedule a free thirty-minute consultation on your unique expungement case. Your skilled expungement will analyze your case specifics and strategize a sound legal plan to give you the fresh start you and your family desire.