Whether you’re starting a new job, moving to a new city or going into a new calendar year, it feels great to turn the page on a new chapter of your life. However, having a criminal record can feel like a dead end to your story. Finding that new job, moving to a different home or feeling accepted by others when you have a record hanging over your head may be challenging.
Luckily, an option may be available for you to move forward to your next chapter.
How Does Expungement Work in Missouri?
Here’s a quick recap of how expungements work in Missouri:
If you are found guilty of an offense, violation or infraction, you can apply for an expungement of your record. Expungement is the process of sealing or destroying records of a criminal conviction. In Missouri, those records are sealed and can only be opened by court order, meaning they are out of reach for any public entity.
If you get an expungement, you don’t have to disclose your criminal record in most circumstances (outside of a few exceptions) regarding employment, housing, loan applications, etc. However, not all offenses are eligible for expungement. The list of ineligible crimes is mostly the same as the 2018 updates to the expungement law, including:
- Any class A felony offenses
- Any dangerous felonies defined in SS556.061 RSMo
- Any offense requiring the petitioner to register as a sex offender
- Any felony offense where death is an element of the offense
- Kidnapping
A few other items of note for expungement are:
- The act of applying for expungement is known as a petition. You must file your petition at the court in which you were charged or found guilty.
- You can petition to remove multiple offenses, violations and infractions that were a part of the same indictment. However, the petition only counts toward the group’s highest-level violation or offense.
- On your petition, you need to list all of the offenses you want to be expunged.
- The prosecution from your case has 30 days to file an objection after you submit your petition.
- The court will set a hearing within 60 days after an objection is filed or set a hearing, giving “reasonable notice” to entities listed in the petition if no objection is filed.
If you think you’re eligible for expungement, it’s a great idea to visit our contact page to connect with an experienced criminal defense and expungement attorney. For an in-depth look at the ins and outs of expungement in Missouri, head to our Expungements page, where you can learn more about the original Missouri expungement bill signed in 2016.
Now, let’s go over the significant changes to the expungement bill that could affect you.
New 2021 Missouri Expungement Law
Waiting Period
In 2021, new Missouri Senate Bills modified the waiting period between the completed disposition and when you can file a petition. The original bill established a seven-year waiting period for felonies and a three-year waiting period for misdemeanors. You now only have to wait three years for a felony offense and one year for a misdemeanor offense.
If you’ve been waiting for your chance to put a past mistake behind you, you can do it sooner than before. See how you can file an expungement today by clicking the chat box in the right corner.
Hiring an Experienced Expungement Attorney
Flip the page and start a new chapter in your life by contacting us today. Our team of experienced expungement attorneys can help you explore your options and review the expungement process with you. You can see our whole team of attorneys by visiting our Attorney Profiles page.
By
Eng & Woods
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Published
December 19, 2022
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Posted in
Tony M.
How do I expunge my felony record for child support in Taney County in Missouri?
Eng & Woods
Give Andrew Popplewell a call at 573-874-4190 to discuss the particulars of your case and expungment.
Timothy Allen Loflin
It’s hard for me to get a job with the Class E Felony of stalking from a 2018 Exparte charge
Eng & Woods
Give Andrew Popplewell a call at 573-874-4190 to discuss the particulars of your case and expungment.