Arrests and convictions can have a long lasting impact on your life. They can keep you from getting an apartment or even a job. Even if the charges were eventually dropped and there was no conviction, the effect can still be there. Getting an expungement is one way to get a fresh start and a way to clean up that past mistake. By expunging the arrest or conviction, it’s as if the arrest or conviction never happened; truly a fresh start.
What Crimes Can Be Expunged In Missouri
Not all crimes can be expunged. The list of expungable offenses include:
• Any felony or misdemeanor offense of passing a bad check (§570.120, RSMo)
• Any felony or misdemeanor offense of fraudulently stopping payment of an instrument (§570.125, RSMo)
• Any felony or misdemeanor offense of fraudulent use of a credit device or debit device (§570.130, RSMo)
• Any misdemeanor offense of negligent burning or exploding (§569.065, RSMo)
• Any misdemeanor offense of negligently setting fire to crops or grassland (§569.067, RSMo)
• Any misdemeanor offense of tampering in the 2nd degree (§569.090, RSMo)
• Any misdemeanor offense of property damage in the 2nd degree (§569.120.1(1), RSMo only)
• Any misdemeanor offense of trespass in the 1st degree (§569.140, RSMo)
• Any misdemeanor offense of trespass on marked property in the 1st degree (§569.145, RSMo)
• Any misdemeanor offense of gambling (§572.020, RSMo)
• Any misdemeanor offense of private peace disturbance (§574.020, RSMo)
• Any misdemeanor offense of drunkenness or drinking in certain prohibited places (§574.075, RSMo)
• Any class B or C misdemeanor offense of peace disturbance (§574.010, RSMo)
What Are The Requirements For Expungement
In order for the petition of expungement to be granted, the following criteria must be met for each offense:
• It has been at least 20 years if the offense was a felony or at least 10 years if the offense was a misdemeanor, municipal offense, or infraction since the person making the application completed:
(a) Any sentence of imprisonment;
(b) Any period of probation or parole;
• The person has not been found guilty of a misdemeanor or felony, not including violations of the traffic regulations provided under chapters 304 and 307, RSMo during the time period specified for the underlying offense;
• The person has paid any amount of restitution ordered by the court;
• The circumstances and behavior of the petitioner warrant the expungement;
• The expungement is consistent with public welfare.
What Is The Process
Getting an expungement isn’t hard, and you could complete it on your own. Start by filing the expungement form with the court where the offense was committed and pay the $100 fee. In the petition you’ll need to provide your name, sex, race, driver’s license number, current address, list each offense you’re wanting expunged, approximate date of offense and the county and municipality where the offense occurred.
Like I said, you can file this petition on your own, but if you fail to correctly petition the court, the petition will be denied and you can lose the filing fee. Contact Howard Haake at (314) 325-9868 or (636) 332-5555 for a free consultation regarding your expungement and get help filing your petition.