Q:

How do I get my prior DUI / DWI / BAC conviction off of my Missouri driving record?

A:

RSMo. Section 577.054 provides that an alcohol offender may have a one-time alcohol-related offense, (DUI / DWI / BAC), expunged from his or her driving record.

Q:

What are the requirements of expungement in a Missouri DUI / DWI / BAC case?

A:

There are five requirements to receiving a one-time expungement of a DUI / DWI / BAC conviction from a driver's driving record:

  • The driver must apply to the Court in which he or she was convicted of the offense.
  • The driver must apply at least 10 years after the date of conviction. The driver must not have had any other alcohol-related law enforcement contacts (DUI / DWI / BAC charges). An alcohol-related enforcement contact occurs on the date that the Missouri Department of Revenue sends notice of the alcohol suspension action, not on the effective date of the driver's license suspension. Fowler v. Director of Revenue, 823 S.W.2d 134 ( Mo. App. 1992).
  • A driver may only obtain relief under this section once.
  • The Missouri Director of Revenue must be named as a necessary party / Defendant in an expungement action (even if you file in a Municipal Court). T.L.D. v. Director of Revenue, 864 S.W.2d 933 (Mo. App. 1994). The Missouri Director of Revenue may maintain such records as are necessary to ensure that a person only obtains only one expungement, in other words, just because you have expunged the criminal conviction from a Missouri DUI / DWI / BAC charge, it does not mean that it will ever be expunged from the driving record at the Missouri Director of Revenue.

Q:

That is all well and good that I can expunge my criminal conviction from my prior Missouri DUI / DWI / BAC case, but how do I expunge my civil license suspension for failure of a chemical test or for refusal of a chemical test?

A:

You don't. It is not possible to expunge from your civil driving record a driver's license suspension or a driver's license revocation in a Missouri DUI / DWI / BAC case. Driver's license suspensions and driver's license revocations are not convictions and are not subject to the expungement law of RSMo. Section 577.054. Ford v. Director of Revenue, 11 S.W.3d 106 ( Mo. App. 2000); Klenke v. Director of Revenue, 29 S.W.3d 391 (2000).

Q:

Can I pull a fast one and try to expunge the day after I got arrested for my second alcohol-related contact?

A:

You can try, but you won't get very far, because the Missouri Director of Revenue will always object as this is not within the spirit or intent of RSMo. Section 577.054. Remember, the Missouri Director of Revenue must be named as a party to your lawsuit asking the court to expunge your conviction, and they will appear and object where you have a second alcohol-related contact pending, even if they have not yet sent notice of your driving.