At Rose Legal Services, we care about second chances. And one of our favorite things to do is remove a crime from a client’s criminal record.
Recent changes to Missouri’s deportation laws have opened up new opportunities for people with felony convictions. Based on our extensive experience helping clients navigate this process, this article explains what you need to know about felony expungement in Missouri.
Expungement Laws in Missouri
Expungement is the legal process of sealing a criminal record. When a record is expunged, it is as if the crime never occurred – at least in the eyes of the law. This can have a significant impact on an individual’s life, making it easier to find a job, secure housing, obtain certain professional licenses, and restore rights.
Missouri has several expulsion laws, and the primary expulsion process is governed by Missouri Revised Statute 610.140. This law has undergone significant changes in recent years, most recently through Senate Bills 53 and 60, which took effect on August 28, 2021. These updates have expanded the list of offenses eligible for expungement to now include more than 1,900 offenses.
Are crimes punishable in Missouri?
In Missouri, some nonviolent crimes may be eligible for expulsion, but many are not, including the following crimes:
- Class A Felony
- Dangerous offenses as defined in RSMo 556.061
- Crimes that require registration as a sex offender
- Crimes in which death is an ingredient
- Aggravated assault offenses
- Kidnapping convictions
- Domestic violence crimes
This list is not exhaustive and there may be other crimes that are also ineligible for deletion under RSMo 610.140.2. It is important to work with an attorney to fully understand your options and determine whether you are suitable.
How many crimes can you eradicate in Missouri?
According to Missouri law: You can rule out a permissible crime. In addition to this offense, you can also expunge up to two misdemeanors or regulatory violations that could have resulted in a prison sentence.
A person may also punish several offenses at the same time if the offenses were charged as criminal offenses in the same case or were committed in the course of the same conduct if the offenses are otherwise indictable.
Missouri Felony Expungement Requirements
To be eligible for criminal expulsion in Missouri, a person must meet the following criteria:
1. You have waited the required amount of time since completing your sentence (including probation or parole):
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- For felonies: 3 years
- For misdemeanors: 1 year
- In case of violations: 1 year
2. There are no further felony or misdemeanor convictions during the waiting period.
3. You are not currently on probation or parole.
4. You have paid all fines, restitution and court costs associated with the conviction.
5. There are no outstanding charges.
6. Their habits and behavior demonstrate that they do not pose a threat to the public safety of the State of Missouri.
7. You can demonstrate that the expulsion is compatible with the common good and that the interests of justice justify the expulsion.
The expungement process in Missouri
If a person believes they are eligible to have a felony expunged, here is an overview of the process:
- Submit a petition: An attorney files a petition for expungement with the court where the conviction occurred.
- Notify relevant parties: The petition must name as defendants any legal entity that the petitioner believes has a record of the crimes.
- Hearing: The court will schedule a hearing to consider the application. Defendants have 30 days to file objections and the court must hold a hearing within 60 days of the objection being filed or 30 days after service if there are no objections.
- Court decision: After the hearing, the judge will decide whether to grant or deny the expungement request.
- Sealing of records: If the motion is granted, the court will order all conviction records sealed.
At Rose Legal Services, it is a matter close to our hearts to give good people a fresh start through redundancy. While this overview provides insight into the process, working with our experienced attorneys will ensure you fully understand your options and can confidently navigate the legal system. We have helped countless customers get a second chance and are ready to help you too.
How can you benefit from deletion?
Successful deletion benefits people in several ways. First, any law enforcement agency that has records related to the crime must expunge and seal those records. This includes all incident reports, supplemental reports, arrest logs, evidentiary receipts and transcripts, pleas, judgments, judgments and other court records and all references thereto.
Second, expulsion fully restores a person’s security rights and returns the person to the status he or she held before the arrest and conviction, as if such events had never occurred.
Third, in most cases, firing allows the person to answer “no” to an employer’s question about whether the person has ever been convicted of a crime. Finally, the Missouri State Highway Patrol Central Repository must request that the Federal Bureau of Investigation expunge its records as well.
Take the first step to a clean file
If you are considering release due to a felony conviction in Missouri, you should not wait to seek legal help. The sooner you begin the process, the sooner you may be able to clear your record and open up new opportunities in your life.
At Rose Legal Services, we offer free consultations for people who have been charged, arrested or investigated for a crime and have not yet retained an attorney. During your consultation, we will review your case, explain your options and discuss how we can help you with deletion.
Contact Rose Legal Services today to schedule a consultation and take the first step toward overturning your felony conviction. Let us put our experience and commitment to work for you and help you reclaim your life and get the second chance you deserve.
