The Expungement Process: A Step-by-Step Guide to Clearing Your Record
Clearing a past criminal record can make a significant difference in your life, potentially opening up job possibilities, expanding housing options, or simply lifting a weight off your shoulders. In Missouri, you can erase or seal certain convictions or arrests through expungement, depending on the circumstances and the amount of time that has passed.
At Beat My DWI, I understand how much a past mistake can hold you back and how overwhelming the expungement process can feel. Based in Kansas City, Missouri, I work with individuals across Clay County, Platte County, Jackson County, and throughout the entire state to help clear eligible records and give you a real chance at a fresh start.
Whether you're looking to advance in your career, apply for housing, or want peace of mind, I'm here to guide you with respect, honesty, and a focus on your future. If you’re considering whether your record might qualify, it's helpful to understand how expungement works, the steps you’ll need to take, and what to expect. Contact me today.
Expungement Under Missouri Law
Expungement is a legal process by which certain arrest or conviction records are sealed from public view or destroyed. Missouri law specifies which offenses are eligible, how to apply, and what limitations apply. There are two main types of record relief under Missouri's system: sealing and destruction.
Sealing, sometimes referred to as "closure", means the record still exists in law enforcement or court repositories, but is not visible to most of the public.
Destruction means erasing or obliterating the record so that it’s as if it were never part of the public record.
Who’s Eligible for Expungement
In Missouri, not all offenses qualify for expungement. Whether you are eligible depends on the type of offense, whether you've completed all court obligations, whether you have any other convictions, and how much time has passed since the sentence or probation ended. Some of the eligibility criteria include:
The completion of your sentence, probation, or parole
No pending or outstanding charges
Passing all waiting periods (often one year for misdemeanors or certain municipal/traffic offenses and seven years for many felonies) after all penalties, fines, or restitution are satisfied
Effective January 1, 2025, Missouri has expanded the offenses that can be expunged, shortened waiting periods in certain cases, and increased the number of misdemeanors/felonies that can be expunged.
How to Pursue Expungement
If your record is eligible for expungement, there are specific steps you will need to complete to pursue the sealing or destruction of your criminal history. These steps typically include the following:
Determine your eligibility and gather records: Identify exactly what was on your record, where it was filed, and whether it’s eligible under current law. This typically involves reviewing your arrest records and conviction records, verifying whether fines or restitution have been paid, and confirming that no charges are pending.
Obtain the correct forms: Missouri has petition forms for expungement under Section 610.140 RSMo. There are also forms for service instructions, sometimes for confidential case information or redacted information, and possibly fee waivers if you can’t pay the costs.
Fill out and file the petition: You must file the petition in the circuit court of the county where the arrest or conviction happened. It should include your personal info, offense details, case numbers, date(s), and identify all entities (courts, law enforcement, prosecutors) that might have records.
Notify relevant parties and wait for objections: When you file, you must serve the prosecuting attorney (or other entities named) with a notice of your petition. They have 30 days to object to the petition. If there’s an objection, a hearing will be scheduled. If there is no objection, the court can set a hearing after the waiting period.
Attend hearing (if required): If objections are raised or the court requires a hearing, you'll have the chance to present evidence, explain your conduct since conviction, and show that you met all requirements, such as paying fines, restitution, or adhering to the waiting period. The judge will consider whether expungement is consistent with public welfare and the interests of justice.
Obtain and follow the court order: If the court grants expungement, the order will be sent to law enforcement, the courts, and other agencies named in the petition to seal or destroy the records. After that, certain public background checks won’t show the expunged records.
Taking these steps carefully helps make the expungement process smoother and increases your chances of a successful outcome. If you feel unsure at any point, reaching out for legal support can provide valuable guidance tailored to your situation.
What Offenses Aren’t Eligible
Under Missouri's statutes, some offenses are expressly excluded from being expunged. Understanding what’s ineligible can help set realistic expectations for your case. The offenses that are typically excluded from expungement include the following:
Class A violent felonies and other serious violent crimes
Crimes requiring sex offender registration
Some intoxication or vehicular offenses, especially if you hold a commercial driver’s license or if the offense involved serious injury or death
Domestic violence offenses
Knowing which offenses aren’t eligible helps you avoid wasted time and focus on the options available to you. If you’re unsure about your eligibility, it’s wise to seek guidance from an experienced expungement attorney.
Recent Changes to Missouri Expungement Law
As of January 1, 2025, Missouri has made recent updates to expand access to and improve the expungement process. Some of the primary changes to be aware of include:
The number of misdemeanors you may have expunged in a lifetime has increased.
The number of felony crimes that are eligible for expungement has also increased, under certain conditions.
Waiting periods for arrest records without conviction, as well as for misdemeanors or infractions, were reduced in some cases.
These changes make it easier for many Missouri residents to clear their records and start fresh. Understanding these updates with the help of an experienced attorney can help you capitalize on the new opportunities for expungement.
Benefits of Expungement
In most cases, getting your record expunged offers several concrete benefits. While the specific benefits might vary depending on the type of crime being expunged, the common benefits of expunging a criminal record include the following:
You may not have to disclose the expunged conviction or arrest on many job, housing, or license applications.
You may have improved chances of employment and housing if employers or landlords don’t see a negative history.
You may have a better opportunity to pursue educational opportunities or licenses that require background checks.
You may experience less stigma and greater personal relief.
These benefits can open doors to new opportunities and help you move forward with greater confidence. Expungement can be a decisive step toward rebuilding your life.
Common Issues Following Expungement
In some cases, some limitations may remain after expungement. If this is the case, it's essential to understand your options and the possibility of delay or pauses when pursuing expungement in Missouri.
Some governmental employers or law enforcement agencies may still have access to your sealed records.
Private background check services might lag or fail to update their data quickly.
If you misstate whether you have a record in contexts where expunged records still must be disclosed (for example, for specific government licenses), it could cause legal issues.
It's essential to stay informed about these limitations so you can make smart decisions moving forward. Being aware helps you protect yourself and avoid any unexpected complications after the expungement process.
Contact My Office Today
Expungement offers a genuine opportunity to put past mistakes behind you. However, the process takes planning, patience, and a clear understanding of Missouri law. Thanks to the 2025 updates, you now have the opportunity to seal or erase certain offenses, with shorter waiting periods and broader eligibility.
If you think your record might qualify, it's worth taking the time to review your situation carefully and start moving forward. At Beat My DWI, I’m here to help you understand your options and guide you through each step of the expungement process. Based in Kansas City, Missouri, I serve clients throughout the state, including Clay County, Platte County, and Jackson County.
If you're ready to get started or want to find out where you stand, it’s time to work with an experienced attorney. Reach out today to schedule a consultation and take the first step toward a clean slate.