Missouri Criminal Defense · Springfield, MO

Missouri Expungement

Learn how Missouri expungement can seal or remove criminal records. Understand eligibility, waiting periods, and the process to get a second chance.

Thomas Carver, criminal defense attorney, Springfield MO

By Thomas D. Carver, Carver & Associates

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Years of proven experience in Missouri state and federal courts

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Missouri Expungement: Everything You Need to Know

A clean record is possible. Here’s how.

UPDATED: May 21, 2026

A criminal record can affect employment, housing, and other opportunities long after a case is resolved. Missouri law allows some individuals to clear eligible convictions through expungement, but the process involves specific waiting periods, filing requirements, and eligibility rules.

This guide explains how expungement works in Missouri, which offenses may qualify, and what to expect when filing a petition.

When Can You Qualify for Expungement in Missouri?

Expungement in Missouri is the legal process of clearing or sealing certain criminal records so they are no longer visible to most employers, landlords, or the public. Once a record is expunged, individuals can move forward without the heavy burden of a past conviction, improving access to jobs, housing, education, and professional opportunities.

In 2016, Governor Jay Nixon in 2016 signed the Missouri expungement bill (SB 588). The bill, which went into effect in 2018, allows individuals to petition the courts to expunge old criminal convictions.

Moreover, under Missouri Revised Statute § 610.140, eligible individuals may petition the court for expungement after completing all court-ordered conditions and waiting the required period. The waiting period and process depend on the type of offense.

Not every record qualifies. Some crimes — like sex offenses, class A felonies, and certain driving offenses — are not eligible. But if your offense is on the eligible list, expungement can remove it from most public searches.

Employers, landlords, and others typically cannot see an expunged record. That matters a lot when you’re rebuilding your life in Missouri.

How Missouri Expungement Works

Missouri’s expungement law residents with past convictions to clear their criminal records. If you’re applying for criminal record expungement in Missouri, here’s what you need to know:

1. When You Can File a Petition

Under § 610.140.5 RSMo, individuals need to wait a mandatory period before filing for expungement

  • Waiting period:
    • 3 years after completing a sentence for a misdemeanor
    • 7 years after completing a sentence for a felony
  • The court may also consider:
    • Whether you’ve stayed crime-free, even a minor conviction after the original offense can disqualify you. Your full record matters when the court reviews your petition.
    • If restitution has been paid
    • Your current conduct and habits

2. Where to File

  • File your petition for expungement in the court where you were charged or convicted.

3. Information Required in the Petition

Your petition has to include:

  • Your full name, date of birth, and current address
  • The case numbers and offenses you want expunged
  • A list of all law enforcement agencies, courts, municipal prosecuting attorneys, state repositories of criminal records, or others you believe may possess the records for each item you are seeking to have expunged.

4. Offenses That Cannot Be Expunged

Not all crimes in Missouri can be expunged under Missouri Revised Statutes § 610.140. Expungement is not available for:

  • Class A felonies or dangerous felonies (as defined in §556.061 RSMo.)
  • Sex offenses requiring registration
  • Felonies involving death, assault, or kidnapping
  • Domestic assault (misdemeanor or felony)
  • Intoxication-related offenses (except a first-time DWI after 10 years with no additional alcohol offenses)
  • Commercial driver’s license (CDL)-related offenses
  • Any crime listed under § 610.140.2(6) RSMo or other statutes designated as permanently ineligible

5. Filing Fee and Exceptions

  • The filing fee is $250, payable when submitting your petition.
  • However, if you cannot afford this, you can ask the court to waive the cost by submitting a Motion to Proceed as a Poor Person (an official fee waiver affidavit showing your income and financial need).

6. Court Process and Timelines

  • Once you file, the court clerk is obligated to notify the prosecutor or relevant authorities.
  • The prosecutor has 30 days to file an objection.
  • The court should also hold a hearing within 60 days after the objection deadline or within 30 days if no objection is filed.

7. After Expungement Is Granted

  • The court closes the record of the expunged offense.
  • You can legally answer “no” when asked by most employers if you’ve ever been convicted of a crime, unless the job legally disqualifies individuals with criminal records.
  • Missouri expungement does not erase all traces of the record. Law enforcement, courts, and certain licensing boards may still access sealed records. It does, however, remove the record from public view, which can help with job and housing applications.

8. Expungement Limits

Missouri also limits how many times you can use expungement.

You may expunge no more than two misdemeanors and one felony in your lifetime. If you have multiple charges stemming from the same course of conduct, they may be counted as a single offense.

Eligible Crimes for Expungement

Missouri law allows certain non-violent offenses to be expunged under Senate Bill 588 (2016) and Senate Bill 1 (2019). These updates expanded the list of eligible crimes and clarified which offenses remain permanently excluded.

Eligible for Expungement

As updated in Senate Bill 1, 2019, you may qualify if your conviction involves a non-violent, non-sexual, or low-level offense, such as:

  • Certain property crimes, including:
    • Stealing (non-violent)
    • Property damage – 1st degree
    • Possession of a forging instrumentality
    • Fraudulent use of a credit or debit device
  • Some drug-related offenses involving personal possession or paraphernalia
  • Other non-violent misdemeanors or felonies that do not involve injury or risk to another person

Eligibility still depends on meeting all general expungement requirements, including waiting periods, a clean record history, and court approval.

Expungement in Missouri can make a major difference in a person’s future opportunities. Once a record is expunged, it no longer appears on most background checks, helping individuals qualify for jobs, housing, education, and loans that might have been out of reach with a criminal record. It also restores privacy and helps rebuild personal and professional credibility.

However, certain disclosures may still be required — for example, when applying for professional licenses, law enforcement roles, or government positions.

Because the expungement process involves strict eligibility rules, filing requirements, and deadlines, even a small procedural mistake can delay or jeopardize a petition. Consulting an experienced attorney ensures that the paperwork is accurate, that all agencies are properly notified, and that the expungement is finalized without errors.

Next Steps & Where to Get Help

If you’re unsure whether your conviction qualifies for expungement or want guidance with the filing process, Carver & Associates can help you understand your legal options. Our team can explain Missouri’s expungement laws and ensure your petition meets all filing requirements.

Contact us for assistance navigating the Missouri expungement process.

Frequently Asked Questions

1. Can I expunge a record from another state if I now live in Missouri?

No. Missouri expungement only applies to offenses from Missouri courts. If you have a record from another state, you would need to file in that state’s courts instead.

2. Does expungement seal my record from federal agencies?

Missouri expungement removes your record from state databases, but federal agencies may still have access to it. If you have a federal case, expungement under Missouri law will not affect those records.

3.  Will my expunged record show up on a background check?

After expungement, most private background checks will no longer show the offense. However, some checks for law enforcement jobs or certain licensed roles may still surface sealed records.

4. Does expungement restore my right to own a firearm?

Missouri law may restore some civil rights after expungement, but federal gun laws are separate. Your right to own a firearm depends on the nature of the original charge and federal rules, not just state law.

5. Can I get an expungement if I still owe fines or court costs?

Outstanding fines or fees tied to your case may block your expungement from being approved. You should clear all financial obligations tied to the offense before you file.

A Missouri DWI lawyer can assess whether a particular DWI record meets the state requirements for expungement.

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Expungement in Missouri

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Thomas Carver, criminal defense attorney, Springfield MO

Thomas Carver

Criminal Defense · Carver & Associates

Thomas Carver will soon enter his 48th year of practicing law in the state and federal courts of Missouri. His portfolio includes representation of over 300 clients in federal cases and literally thousands of clients in Missouri state courts.

The breadth of his experience runs from capital defense to complex white-collar criminal defense, large drug conspiracies, sex crimes, and extensive familiarity with criminal tax matters involving the IRS and state taxing authorities.

“My job is to take it off their shoulder and to put it on mine. I take great pride in accepting their burden as my own and try as hard as I can to lighten their load.”

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United States Supreme Court, 1993

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Missouri Association of Criminal Defense Lawyers

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