EXPUNGEMENT ATTORNEY IN KANSAS CITY, MISSOURI
Expungement: Expunging a Missouri Criminal Case under RSMo. 610.140
Effective May, 2019, you can now potentially expunge your criminal arrest, guilty plea, or conviction in Missouri which was not been possible in the past. Any such arrest, guilty plea or conviction can also be a case that included SIS (suspended imposition of sentence) probation.
You may be eligible for expungement if you have one felony to expunge, or if you have multiple felonies that are on the same information or indictment, or if the felonies are the same course of criminal conduct.
You may be eligible for expungement if you have two or more misdemeanors or ordinance violations to expunge. This is limited to two offenses only if the misdemeanors or ordinance violations carried an authorized term of imprisonment.
You can expunge any number of infractions.
To be eligible for expungement of any offense you must have satisfied all obligations related to finishing the final disposition of the case, including payment of court-ordered restitution and fines and costs.
If you are attempting to expunge a Missouri felony offense, seven years must have passed since probation or parole were completed or since all fines were paid that were due on the felony.
If you are attempting to expunge a Missouri misdemeanor or infraction, three years must have passed since probation or parole were completed or since all fines were paid that were due on the misdemeanor or infraction.
If you are trying to expunge an arrest alone, the statutes 610.122 & 610.123 allow for immediate petition but it is a harder process to get your expungement using these statutes. Call us for a free consultation to discuss.
During these wait stated wait periods (five years for felony, three years for misdemeanors or infractions) you can not have any guilty pleas for any other felony or misdemeanor offenses. Simple traffic tickets or motor vehicle equipment regulation violations do not count and will not bar you.
You can also have no charges currently pending while you apply for any expungement.
How Long Will This Take?
The process from hiring us to court order typically takes about four to six months.
Perhaps most importantly, there are many, many offenses that cannot be expunged. There is a large exclusion list with 102+ offenses that do not qualify for expungement ever. Look carefully over this list to determine if your offense is one of these exclusions.
WHY should you expunge you past Missouri criminal offense?
The statute allows for the following relief and certain limitations:
If you have your offense expunged, you can say NO on any employment application as to whether you’ve been convicted of a crime (unless required to report as below in #9). HOWEVER, you shall say yes to that question “and disclose your criminal convictions, including any offense or violation expunged under this section or similar law, if the employer is required to exclude applicants with certain criminal convictions from employment due to federal or state law, including corresponding rules and regulations”
When you expunge your past Missouri criminal offense records become confidential (like they are sealed). “Records & files in any administrative or court proceeding in municipal, associate or circuit court shall be confidential & only available to the parties or by court order for good cause.”
When you expunge your past Missouri criminal offense, the Missouri Central Repository shall request the FBI to expunge the records from its files.
Any rights that you had before your offense that were limited shall be restored after your Missouri criminal offense is expunged. “Except as otherwise provided under this section, the effect of such order shall be to restore such person to the status he or she occupied prior to such arrests, pleas, trials, or convictions as if such events had never taken place.”
Once the offense is expunged and removed successfully from your record, you cannot be found guilty of perjury or giving false statement by any failure to acknowledge the expunged arrests, pleas, trials, convictions, etc.
If you are facing any new charge of any offense, violation, or infraction, then you must disclose the expunged offense, violation, or infraction to any court when asked.
Note though that eve if successfully expunged, the expunged offense, violation, or infraction may be considered a prior offense in determining a sentence to be imposed for any subsequent offense that the person is found guilty of committing. “any record expunged under this section of any arrests or findings of guilt can be used by a law enforcement agency, prosecuting attorney, including its use as a prior offense, violation, or infraction.”
Even if you successfully get an expungement, you MUST still disclose the expunged offense, violation, or infraction when it is necessary for:
A license, certificate, or permit issued by this state to practice such individual's profession;
Any license issued under chapter 313 – Licensed Gaming Activities;
Any permit issued under chapter 571 – Weapons Offenses;
Paid or unpaid employment with an entity licensed under chapter 313 – Gaming statute; - Paid or unpaid employment with any state-operated lottery;
Paid or unpaid employment with any emergency services provider;
Paid or unpaid employment with any law enforcement agency;
Employment with any federally insured bank or savings institution or credit union or an affiliate of such institution or credit union for the purposes of compliance with 12 U.S.C. Section 1829 and 12 U.S.C. Section 1785 (this is subdivision 4 as mentioned below);
Employment with any entity engaged in the business of insurance or any insurer for the purpose of complying with 18 U.S.C. Section 1033, 18 U.S.C. Section 1034, or other similar law which requires an employer engaged in the business of insurance to exclude applicants with certain criminal convictions from employment;
Employment with any employer that is required to exclude applicants with certain criminal convictions from employment due to federal or state law, including corresponding rules and regulations (this is subdivision 6 as mentioned below).
NOTE: An employer shall notify an applicant of the requirements under subdivisions (4) to (6) of this subsection. Notwithstanding any provision of law to the contrary, an expunged offense, violation, or infraction shall not be grounds for automatic disqualification of an applicant, but may be a factor for denying employment, or a professional license, certificate, or permit; except that, an offense, violation, or infraction expunged under the provisions of this section may be grounds for automatic disqualification if the application is for employment under subdivisions (4) to (6) of this subsection.
How Do You Get an Expungement of a Missouri criminal case? What is the process?
There is a $250.00 processing fee with the court for any Petition of Expungement under Sec 610.140.
Judge may waive this fee if you are an indigent person.
There also a filing fee and service of process fees for serving each defendant in your case.
When Can I expunge my Missouri criminal offense?
Seven years from completion of sentence in felony;
Three years from completion of sentence in misdemeanor, ordinance violation, infraction and arrest.
If you have applied for a expungement of a Missouri criminal case in the past and for whatever reason the prior petition was dismissed or denied, you must wait one year from the date of filing of the prior petition to try again.
Any court in Missouri where a criminal offense occurred where you were charged or found guilty of any offense, violation, or infraction, is subject to these expungement rules.
You may apply to have one or more items expunged if your case was prosecuted in municipal, associate, or circuit court as long as you list all items in your petition.
You must file your expungement petition is the court where you were charged or found guilty of the offense, violation, or infraction (this includes municipal courts), even if there is more than one case number for different courts.
Your petition for expungement must list all the offenses, violations or infractions.
Your petition shall name as defendants all law enforecement agencies, courts, prosecuting attorneys, central state repositories of criminal records, or “others who may possess” records that are subject to this expungement (such as DOR, DMH, DOC, NCIC, but maybe even employers, databases holding this info in background checks, etc.) (NOTE: Order shall not affect any person or entity NOT names as defendant) .
Your expungement petition shall include:
Your full name
Driver license number
Each offense, violation or infraction to expunge
Approximate date of the charge for each
County or Municipality where charged for each
Case number and name of the court for each
Once filed the court clerk where you filed the petition will give notice of the petition to the appropriate prosecuting attorney to proceed.
If the Prosecutor objects to the expungement, he or she must do so in writing within thirty days after receipt of service & give reasonable notice to you of the hearing date to go in front of the judge.
If there is no objection within thirty days, the court will set a time for hearing and will give reasonable notice to each “entity named in petition” (each defendant).
The court SHALL hold a hearing within sixty days after any written objection is filed, giving reasonable notice to the you, unless otherwise agreed to by the parties.
In all cases of expungement, the court must issue Order of expungement OR dismissal within 6 months of the filing of Petition.
PROOF/EVIDENCE: The court may accept evidence & hear testimony on following issues; aka, your EVIDENCE if Judge requires it:
Establish that seven years has passed if you are trying to expunge a felony;
Establish that three years has passed from if you are trying to expunge a misdemeanor;
That these times have passed from the date of completion of any disposition/sentence in your old case.
That you not been found guilty of any other misdemeanor or felony “during the time period specified for the underlying offense, violation or infraction” (not including traffic violations under chapter 304 or 307);
That you have satisfied all obligations related to the disposition of the old case, including paying fines, court costs, or restitution;
THAT YOU HAVE NO CHARGES CURRENTLY PENDING;
That your current habits and conduct demonstrate that you are not threat to public safety of the state; and,
Expungement of your old offense is consistent with public welfare and that the interests of justice warrant the expungement.
Each defendant shall close any record as established by section 610.120 (which says shall be inaccessible to the general public and to all persons other than the defendant, with a few exceptions).
Expunged records are still available to the parties or by court order with good cause shown.
Central Repository shall request the FBI to expunge.
Any of your rights that were limited are now restored (i.e. guns)
However – LEO’s & PAs can see expunged cases and PAs can use expunged cases as a prior for enhancement purposes if you get arrested for new charges in the future.
EXCLUSION LIST - CASES YOU CANNOT EXPUNGE (YOU CAN EXPUNGE ANYTHING EXCEPT THE FOLLOWING:
Class A felonies
Any Dangerous Felony as defined in RSMo. 556.061. “Dangerous felony” means the felonies of:
Arson in the First Degree;
Attempted Rape in the First Degree;
Attempted Rape in the First Degree if physical injury results;
Attempted Forcible Rape if physical injury results;
Attempted Forcible Sodomy if physical injury results;
Rape in the First Degree;
Sodomy in the First Degree;
Murder in the Second Degree;
Assault of a Law Enforcement Officer in the First Degree;
Domestic Assault in the First Degree;
Elder Abuse in the First Degree;
Robbery in the First Degree;
Statutory Rape in the First Degree (when the victim is a child less than 12 years of age at the time of commission of the act giving rise to the offense);
Abuse of a Child (if the child dies as a result of injuries sustained from conduct chargeable under section 568.060);
Parental Kidnapping (committed by detaining or concealing the whereabouts of the child for not less than 120 days under section 565.1530);
Any offense requiring registration as a sex offender.
Any felony where “death” is an element of the offense.
Any misdemeanor, felony, or municipal domestic assault.
Offense currently or previously listed in Chapter 566 (sex offenses).
Offense already eligible for expungement under 577.054 or 610.130 (see DWI Expungement pages on this site) (NOTE: If you need a DWI expunged it is an entirely different process under different rules. Call our office for a free consultation to discuss).
Any intoxication-related traffic or boating offense as defined in 577.001 (Refer to DWI Expungement link).
Operating aircraft while excessive BAC or intoxicated.
Any ordinance that is “substantially equivalent” to the above list.
Any operation of a motor vehicle if the driver has a CDL. OR any offense currently or previously listed under:
Abandonment of a Child First Degree (B Felony) - 568.030
Abandonment of a child Second Degree (D Felony) – 568.032
Abandonment of a Corpse (D Felony) – 194.425
Abortion of vViable Unborn Child (C Felony) - 188.030
Abortion Performed by Other Than a Physician with Surgical Privileges at a Hospital (B Felony) (A Misdemeanor if Physician Without Privileges) – 188.080
Abuse or neglect of a child (C Felony) – 568.060
Agroterrorism (D Felony) 578.008
Agroterrorism (E felony 2017) 574.130
Aiding a Sexual Offender (D Felony) – 575.159
Aiding Escape of a Prisioner (A Misdemeanor) – 575.230
Arrest for Violation of Protection Order- Officers Immune-455.085 24.
Arson First Degree (B Felony) – 569.040
Arson Second Degree (C Felony) – 569.050
Assault on a Police Animal (C Misdemeanor) – 575.353
Burglary First Degree (B Felony) – 569.160
Bus Hijacking (B Felony) – 578.305
Bus Hijacking (B Felony) (2017) 577.703
Child Abduction (D Felony) 565.156
Child Used in a Sexual Performance (C Felony) – 568.080
Class One Election Offenses (Felony) – 115.631
Crime of Disarming a Peace Officer or Correctional Officer (D Felony) – 575.153
Criminal Water Contamination (B Felony) – 569.072
Cross Burning – 565.095
Cross Burning (A Misdemeanor) (2017) – 575.040
Defrauding Secured Creditors– 570.180
Delivery or Concealment of Controlled Substances, Liquor or Prohibited Articles on Premises of Any Correctional Center of City, County, or Private Jail– 217.360
Endangering a Corrections Employee – 565.085
Endangering a Corrections Employee (E Felony) (2017) – 575.155
Endangering a Mental Health Employee, Visitor, or Another Offender at a Secure Facility– 565.086
Endangering a Mental Health Employee, Visitor, or Another Offender at a Secure Facility (E Felony) – 575.157
Endangering the Welfare of a Child First Degree– Child Endangerment (C Felony) – 568.045
Escape From Commitment, Detention or Conditional Release (D Felony) – 575.195
Escape or Attempted Escape From Confinement (B or D Felony) – 575.210
Escape or Attempted Escape From Custody (A Misdemeanor) 575.200
Failure to Return to Confinement (C Misdemeanor) – 575.220
Forgery – 570.090
Fraudulent Insurance Act (D Felony) – 375.991
Fraudulent Purchase of a Firearm (D Felony) – 571.063
Fraudulent Use of a Credit or Debit Device– 570.130
Genital Mutilation of a Female Child (B Felony) – 568.065
Hate Crimes – 577.035
Identity Theft – 570.223
Incest (D Felony) – 568.020
Kidnapping, Second Degree (D Felony) – 565.120
Kidnapping, Third Degree (A Misdemeanor) – 565.130
Killing or Disabling a Police Animal (C Misdemeanor) – 575.350
Knowingly Burning or Exploding (D Felony) – 569.055
Knowingly Exposing Another to HIV by Infected Person (A Felony) - 191.677
Making a Terrorist Threat, First Degree (D Felony) – 574.115
Making a Terrorist Threat, Second Degree (E Felony) (2017) – 574.120
Money Laundering – 574.105
Mortgage Fraud – 570.310
Negligence in Setting Fire or Allowing Fire to Escape on Cropland, Grassland, Mash, Prairie, or Woodland (B Misdemeanor) – 569.067
Negligent Burning or Exploding (B Misdemeanor) – 569.065
Only Physicians to Perform Abortions (B Felony) 334.245
Permitting Escape (D Felony) – 575.240
Pharmacy Robbery, Second Degree (B Felony) – 569.035
Placing a Bomb or Explosive in or Near Buses or Terminals, Discharge Firearm or Hurl Missile at Bus or Terminal (C or B Felony) – 578.310
Planting a Bomb or Explosive in or Near Buses or Terminals (A Felony) (2017) – 577.706
Possession of a Forging Instrumentality – 570.100
Possession of Firearm Unlawful for Certain Persons (C Felony) – 571.070
Prohibited Acts by Elected and Appointed Public Officials and Employees– 105.454
Prohibited Acts by Elected and Appointed Public Officials and Employees Punishment (B Misdemeanor) – 105.478
Prohibition Against Certain Discrimination or Intimidation Relating to Elections (A Misdemeanor) – 130.028
Promoting Civil Disorder, First Degree (D Felony) – 574.070
Promoting Sexual Performance by a Child (C Felony) – 568.090
Property Damage, First Degree (D Felony) – 569.100
Reckless Burning or Exploding (A Misdemeanor) – 569.060
Robbery, Second Degree (B Felony) – 569.030
Robbery, Second Degree (B Felony) (2017) – 570.025
Sexual Conduct with a Nursing Facility Resident or a Vulnerable Person (A Misdemeanor) – 566.115
Sexual Contact or Intercourse with Skilled Nursing Facility Residents– 565.200
Sexual Misconduct, First Degree (B Misdemeanor) - 566.093
Sexually Violent Predator Committing Violence Against a Department of Mental Health Employee- Damage to Building or Other Property (B or C Felony) – 632.520
Stealing – 570.030
Tampering with a Judicial Officer – 565.084
Tampering with a Judicial Officer (D Felony) (2017) – 575.095
Trafficking in Children (C Felony) – 568.175
Trafficking in Stolen Identities – 570.224
Trespass to Railroad Property (A Misdemeanor) – 389.653
Unlawful Possession of a Weapon (C Felony) – 571.020
Unlawful Possession of Explosive Weapon (C Felony) – 571.072
Unlawful Sex with an Animal (A Misdemeanor) 566.111
Unlawful Transfer of a Weapon (D Felony) – 571.060
Unlawful Use of a Weapon (D Felony) – 571.030
Use or Possession of a Metal-Penetrating Bullet During the Commission of a Crime (B Felony) – 571.150
Violation of Order of Protection – VOP (A misdemeanor) – 455.583
Violence or Injury to Others or Property by Offender in Correctional Facility– 217.385
Vulnerable Person Abuse, Third Degree (A Misdemeanor) 565.214
Water Contamination (B Felony) (2017) – 577.078
Expungements can be complicated to navigate, but we offer free consultations for all potential cases. 816-842-3717. Expungement of criminal offenses is new in Missouri. All who are eligible should take advantage to improve their lives. Do not hesitate to contact us.