Missouri Expungement of Your Criminal Records

 

For those arrested and charged with a crime in the state of Missouri, the first worries on your mind probably have to do with what kinds of punishments you might face, whether or not you need a lawyer, and wondering when all of this will be over and you can return to your normal life.

 

The good news is that at some point the trial (if you have one) has to end, as do most punishments you might face if convicted. Unfortunately, there is something that you will have following you around forever after being arrested, and it’s probably that last thing you’re worried about: your criminal record.

 

Now, a criminal record may not seem like a big deal, but if you’re just trying to start over and live normally, there are a number of ways in which a Missouri criminal record can negatively affect you. Basically, it comes down to background checks. For the rest of your life, whenever anyone requests a background check on you, they will discover the arrest on your record. Who does background checks? Banks. Credit card companies. Potential employers and landlords. Essentially, the very people you need on your side to live normally. But if they find out you have a criminal history – even if you weren’t convicted – there’s a good chance they might refuse you service or pass you up for someone who doesn’t have a criminal record.

 

Because the federal government understands how hard this can make life for people, they have made it possible for certain people under certain circumstances to have their criminal records hidden from the view of the public and general law enforcement utilizing a process called expungement.

 

Missouri Expungement: How does it work?

 

The way each state handles expungement varies. Missouri Law 610.123 dictates that if expungement is granted any record related to a criminal file has to be eliminated from the electronic database of the state. After that, Missouri officials will communicate with the Federal Bureau of Investigation, who will also expunge all of the records they hold. If for some reason your Missouri records can’t be destroyed, officials will actually cross them out.

 

Expungement isn’t legally allowed for every case, however. An example of an adult case that would qualify for expungement is if they have been arrest under what is later discovered to be false information. So long as the case and the individual meet all of the other necessary qualifications, Missouri Law 610.122 makes expungement of it possible.

 

For juveniles who have been arrested and charged with a crime, expungement is allowed under two circumstances.

 

1. After a juvenile has been taken into custody, but a petition has not been filed within the required 30-day window from the date of arrest.

 

2. After a juvenile has been arrested, but a petition has not been filed within 1 year of the date of the arrest.

 

Missouri Expungement: Who is eligible?

 

Missouri citizens are only eligible for record expungement under specific circumstances. If an individual has been arrested, but no charges have been filed against him or her, they are allowed to petition for expungement. Expungement petitioning is also allowed in cases where the individual who was arrested doesn’t have any prior convictions for misdemeanors or felonies, and has not had any new convictions for misdemeanors or felonies. If there is no probable cause to arrest the person and law enforcement believes that the individual is innocent of the offense, this is also grounds for expungement. Record clearing may also be available when a person has a not suspended sentence imposition that relates to the arrest, or if there is no pending civil action towards an arrest or record.

 

Missouri Expungement: What is the process of expunging records?

 

Missouri’s process for expunging records is one that requires a great attention to detail, because all instructions must be followed completely and accurately or the application for expungement will not be accepted.

 

First, a petition needs to be filed with the court in which the arrest was handled. This petition has to include all of the necessary information, including:

 

• Personal information (full legal name, sex, DOB, driver’s license number, race, social security number, and current address)
• Offense charges
• Date of the arrest
• Name of the county or municipality where the arrest took place
• Name of the arresting agency
• Court number
• Case number
• Fingerprints of the individual

 

All related agencies have to receive a copy of this petition: the court, the prosecuting attorney, the arresting agency, and central state depositories. Within 30 days of the petition being filed, a court hearing will be set, and any agencies involved in the case will receive notification of this date. At the hearing, it will be determined whether or not the record should be expunged. If expungement is granted, any files with information about the arrest and conviction are required to be destroyed by any agencies that have such information.