How to Get a Felony Expunged in Missouri

In short, yes, expunging a conviction in Missouri is possible under certain conditions. However, not all felonies are eligible to be expunged in Missouri. Under Missouri law, class A felonies, offenses requiring registration as a sex offender, felony offenses involving death, felony assault offenses, and felony domestic assault are generally not eligible for expungement.

Before delving into the felony expungement process, it is crucial to grasp the concept of criminal cases and convictions. A criminal conviction is a formal judgment of guilt that is entered by a court against an individual.

A conviction on a person’s record can create numerous challenges in the future. For instance, criminal convictions can affect:

• A person’s employment opportunities
• A person’s ability to obtain professional licenses
• A person’s ability to secure housing, as landlords often check criminal records and may deny rental applications based on past convictions
• Access to education, as some institutions may refuse admission or deny financial aid to individuals with criminal records
• A person’s voting rights in local or national elections
• A person’s right to obtain or carry a firearm

Even if a criminal case does not result in a conviction, the record of the person’s arrest and prosecution will typically remain on their criminal record. This arrest record can impact a person’s life similarly to a formal conviction. This is why Missouri allows individuals who were not convicted to seek an expungement, including those with felony charges.

Factors Influencing Felony Expungement

Navigating the expungement process in Missouri can often be difficult due to various influencing factors that may influence a person’s ability to obtain a felony expungement, including:

• Nature and Severity of the Felony: The type and seriousness of the felony will play a significant role in determining eligibility for expungement
  • Once again, certain felonies, such as Class A felonies or those involving violence, may not be eligible for expungement
• Time Elapsed Since Completion of Sentence: The waiting period for expungement starts after the completion of the sentence, including probation or parole
  • Missouri generally requires a minimum of seven years to have passed since completing the sentence for a felony expungement
• Compliance with Sentence Terms: In order to be eligible for expungement, you must have complied with all terms of your sentence
  • This includes paying any fines, restitution, and completing any probation or parole requirements
• Subsequent Criminal Offenses or Charges: Any additional criminal offenses or charges after the initial felony conviction can impact your eligibility for expungement
  • A clean record since the person’s initial conviction demonstrates good behavior and increases the likelihood of expungement
• Court Jurisdiction: The specific court where the petition for expungement is filed can also influence the outcome, as different courts may have varying interpretations of the law and standards for granting expungements
• Demonstration of Rehabilitation and Good Character: Demonstrating evidence of rehabilitation, such as maintaining steady employment, completing educational programs, or engaging in community service, can positively impact your petition for expungement
• Impact on Individual’s Life: Demonstrating how the conviction has hindered your ability to live a productive life may support your case for expungement
• Judicial Discretion: Ultimately, the decision to grant an expungement lies with the judge, who will consider factors such as your behavior since the conviction, the nature of the crime, and the impact on public safety
• Fees: Court filing fees for filing a felony expungement petition in Missouri are $250
  • However, if you cannot afford to pay this fee, you can request a waiver by filing a Motion and Affidavit in Support of Request to Proceed as a Poor Person

Which Felonies Can Be Expunged?

As mentioned above, only certain felonies are eligible for expungement in Missouri. In other words, Missouri law excludes certain felonies from being eligible for expungement. The following types of felonies generally cannot be expunged:

• Class A Felonies: These are the most serious types of felonies and typically involve severe harm or danger to others
• Offenses Requiring Registration as a Sex Offender: Felonies that require the individual to register as a sex offender are not eligible for expungement
• Felony Offenses Involving Death: Felonies that result in the death of another person are excluded from expungement
• Felony Assault Offenses: Felonies involving assault, particularly those resulting in serious injury, are generally not eligible
• Felony Domestic Assault: Felonies related to domestic assault are also excluded from expungement

The Process of Expunging a Felony

Under Missouri law, you must meet the following criteria to expunge a felony:

• Complete All Terms of Your Sentence: This includes serving any jail or prison time and complying with the conditions of any probation or parole you were sentenced to
  • This also encompasses paying all fines, restitution, and any other financial obligations imposed as part of your sentence
• Waiting Period of Seven Years: For felonies in Missouri, you must wait at least seven years from the date you completed your sentence, including probation or parole
  • This waiting period allows time to demonstrate rehabilitation, good behavior, and a commitment to leading a law-abiding life
• Filing a Petition in the Appropriate Court: The next step is to file a formal petition for expungement in the court where you were charged or found guilty
  • Your petition must include detailed information about your conviction, your compliance with the eligibility criteria, and reasons why you believe expungement is justified in your case
• Court Hearing: Once your petition has been filed, the court will review the information and may schedule a hearing in which you will have the opportunity to present your case, and the court will evaluate whether you meet the criteria for expungement and whether expunging your record serves the interests of justice
  • It is often recommended to consult with an attorney and have legal representation during this hearing, as that can be helpful to present evidence effectively
• Final Decision: If the court grants your expungement, your conviction will be then be removed from public access, significantly improving opportunities for employment, housing, and education

If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?

When a felony is expunged in Missouri, it means that the record is sealed from public access. However, this does not mean that it is not completely erased. Although the general public, including employers and landlords, will not have access to the expunged record, certain government and law enforcement agencies may still be able to view it under specific circumstances.

An expunged record can still be used in the following situations:

• Criminal Justice Purposes: Law enforcement agencies and courts may access expunged records if you are involved in a subsequent criminal investigation or prosecution
• Professional Licensing: Certain professional licensing boards may review expunged records when evaluating applications for licenses or certifications
• Employment with Law Enforcement or Government Agencies: If you apply for a job with a law enforcement agency or certain government positions, they may also have access to your expunged record

It is important to note that expungement allows you to legally state that you have not been convicted of the expunged felony in most situations. However, it is important to be aware that the record is not entirely erased and may still be accessible under the specific circumstances noted above.

Which Felonies Are Not Eligible for Expungement?

As mentioned above, in Missouri, certain felonies cannot be expunged. The following is a summarized list of felonies not eligible for expungement:

• Class A felonies (the most serious crimes)
• Offenses requiring sex offender registration
• Felonies involving death
• Serious assault felonies

Do I Need an Attorney for Help With Felony Expungement?

If you have been charged with or convicted of a felony in Missouri and are considering seeking an expungement, it is advisable to consult with a Missouri expungement lawyer. LegalMatch can assist in arranging an initial legal consultation with a local Missouri lawyer.

An expungement lawyer can guide you through Missouri’s specific laws regarding felony expungement, ensuring that you meet the eligibility criteria. They can also help you prepare and file the necessary legal documents and represent you at any court hearings.