Making The Law Easier For You

Making The Law Easier For You

What are the criteria for expungement?

by | Feb 27, 2020 | Criminal Defense

Having a criminal record can put limitations on where you work, where you live and other aspects of your life. Having the opportunity to seal your record and get a clean slate is quite beneficial. Missouri does offer you the chance to expunge your criminal record. 

According to the Missouri Courts, you do have to meet specific requirements for a record expungement. If you fail to meet any of the requirements, the court will dismiss your petition. You will then have to wait at least one year to try again. So, you must make sure that your petition meets the requirements the first time. 

Expungement requirements 

You must show the court that you are not a threat to the safety of the public and that expunging your record will not harm public welfare. This is a ruling by the court depending on your history, type of crime and what you have done since your conviction. 

You cannot have any pending charges. You also cannot have a criminal conviction within the last seven years if you want to expunge a felony or the last three years if you want to expunge a misdemeanor. 

It must be at least seven years from the time of the last felony that you wish to expunge. If you want to expunge misdemeanors, then it needs to be at least three years since your last conviction. 

Finally, you must have a qualifying criminal charge. Not every crime qualifies for expungement. The list of qualifying and disqualifying charges is very long, but there are a few guidelines to keep in mind. Your crime cannot be violent or dangerous in nature. It cannot be a crime requiring sex offender registration or an intoxication offense involving a boat or motor vehicle. It also cannot be an offense related to a commercial driver’s license. You should check the text of the law to verify whether you have a qualifying offense.