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Is My Criminal Record Eligible for Expungement?
Everyone makes mistakes, and we all learn from them. However, when your mistake leads to a criminal record, it can feel like that mistake will follow you forever. Here’s the good news, though: depending on the details of your record, they can potentially be expunged!
What is Expungement?
Expungement is a legal term for the process of either destroying or permanently sealing records of criminal convictions. It is an excellent opportunity for those whose convictions apply to wipe the slate clean. The critical thing to remember, though, is that only certain convictions are eligible for expungement under Missouri law.
Which Offenses are Not Eligible for Expungement?
Before learning how to expunge your offense, it’s essential to determine whether it is eligible to begin with. There is a short list of offenses that are not eligible in any way for expungement, and it includes:
- Certain violent and dangerous felonies
- Domestic assault offenses
- Any offense that requires someone to register as a sex offender
- Any offense in which death is involved
If you are uncertain whether your offenses fall into these categories, you should speak with a knowledgeable attorney for more detailed information.
Motor Vehicle-Specific Exclusions
While some motor vehicle offenses are eligible for expungement, others are not. A few of the factors that make an impact are:
- If the driver was operating a commercial vehicle but did not have a commercial driver’s license to do so.
- If there is an additional felony or misdemeanor offense on their record other than the one they are trying to expunge.
- If any civil actions are pending regarding the offense you intend to expunge.
It’s also important to understand how expungement relates to DWI charges. They may be possible, but only in some cases. That’s why speaking with an attorney like the Missouri DWI & Criminal Law Center is essential to have a clear picture of your options.
What Types of Offenses are Eligible for Expungement?
The state of Missouri considers three primary types of offenses eligible for the expungement process. They are:
- Expunging the arrest or conviction record for a felony or a misdemeanor
- Expunging an arrest record based on a false arrest due to faulty information
- Expunging arrest records for motor vehicle offenses
You should speak with an attorney on your offense for anything outside of these three categories to get more details.
What Factors Affect My Expungement?
While the process is open for people with many types of charges to seek expungement, a few elements must be true for the process to be approved.
Passage of Time
An offense is not eligible for expungement until a certain amount of time has passed since the charge. For a felony, it’s seven years, while for misdemeanors, it must be at least three years. If that time has not expired, you must wait until it has.
No Additional Guilty Charges
It is also important to note that you can not have other guilty charges for felonies or misdemeanors during the time since the offense you want to have expunged. Keep in mind that this does not include violations of traffic regulations. Be sure to check with an attorney to verify if you are uncertain.
Completion of all Legal Obligations
In order to be eligible for expungement, all obligations related to the offense must have been completed. This includes any payments, fines, or restitution, or the completion of any agreed-upon hours or courses.
Public Safety, Public Welfare, and Interests of Justice
Before an expungement is approved, the court must be satisfied that the petitioner’s conduct and record do not represent a threat to public safety. The expungement must also fall in the interests of justice and the state’s public welfare to be approved.
Petition Properly Filled Out and Filed
After all other factors have been considered, you must fill out the petition to file with the court. To avoid errors that can cause expungement rejections and bar you from filing again for a year, be sure that you have the following information gathered and correct:
- Your driver’s license number
- Your conviction dates
- The case number
- The Circuit Court where you were convicted
- The prosecutor who filed your case
- A description of the charge(s)
- Any information about state agencies that may have records of your arrest or conviction
If all of these elements are true and appropriately handled, your petition for expungement should have a good chance of being successful.
Should I Expunge My Juvenile Record?
The question of whether you can and whether you should are different in this situation. You can petition for juvenile records to be sealed or destroyed once you have reached or exceeded the age of 18. However, juvenile records are generally not publicly available or searchable. In addition, if it is a juvenile driving charge, most of those are automatically expunged within two years or once you reach the age of 21. That’s why it’s worth speaking with an attorney or the court to find out if an expungement already happened before filing a petition for it yourself.
Can I Only Expunge My Record Once?
Many Missouri residents need to know this vital detail: Missouri limits the number of expungements to one per lifetime. Because of that law, if you have already gotten your record expunged before, you cannot do it a second time. It also means you must carefully consider before choosing to do an expungement, as it will be the only one available to you.
Do I Need to Speak with an Attorney About My Expungement?
Like many aspects of the law, a non-attorney is legally allowed to do the expungement process without the assistance of an attorney. However, the process is complicated and intricate, and many factors could affect whether it is done properly and leads to a successful expungement.
That’s why the safest decision for a successful expungement is to find an experienced and knowledgeable attorney who can walk you through the process and verify that your specific offense is eligible. To learn more about how the Missouri DWI & Criminal Law Center team can help you with your expungement, call us at 816-846-2219.
