2018 Missouri Expungement Laws O'Connor Law Firm / Criminal Expungement Law in Missouri 2018


Those who have a conviction on their criminal record are often curious about having the conviction "expunged," which essentially means removed or "erased" from certain public records.  In Missouri, expungements are not common and have in the past been allowed in few circumstances.  January 1st of 2018 is a significant date in regards to expungement, as this is the date that more offenders for an expanded number of crimes in Missouri may qualify to have their convictions expunged.

Those with a criminal conviction know the stigma that follows every area of their lives.  Senate Bill 588, signed by Governor Jay Nixon in July of 2016, is a landmark bill approved by the Missouri legislature that greatly expands the criminal offenses eligible for expungement.  Until this point there were few offenses that qualified for expungement, most notably DWI (driving while intoxicated) offenses.  With the new 2018 Missouri expungement laws many who have been convicted of various crimes may be able to have those convictions removed or record sealed even in situations where the offender was convicted of a felony offense.

The following offenses, violations, and infractions shall not* be eligible for expungement under this section:

(1) Any class A felony offense;

(2) Any dangerous felony as that term is defined in section 556.061;

(3) Any offense that requires registration as a sex offender;

(4) Any felony offense where death is an element of the offense;

(5) Any felony offense of assault; misdemeanor or felony offense of domestic assault; or felony offense of kidnapping;

(6) Any offense listed, or previously listed, in chapter 566 or section 105.454, 105.478, 115.631, 130.028, 188.030, 188.080, 191.677, 194.425, 217.360*, 217.385, 334.245, 375.991, 389.653, 455.085, 455.538, 557.035, 565.084**, 565.085**, 565.086**, 565.095**, 565.120, 565.130, 565.156, 565.200**, 565.214*, 566.093, 566.111, 566.115, 568.020, 568.030, 568.032, 568.045, 568.060, 568.065, 568.080**, 568.090**, 568.175, 569.030**, 569.035*, 569.040, 569.050, 569.055, 569.060, 569.065, 569.067*, 569.072**, 569.100, 569.160, 570.025, 570.030, 570.090, 570.100, 570.130, 570.180, 570.223, 570.224, 570.310, 571.020, 571.030, 571.060, 571.063, 571.070, 571.072, 571.150, 574.070, 574.105, 574.115, 574.120, 574.130, 575.040, 575.095, 575.153, 575.155, 575.157, 575.159, 575.195, 575.200, 575.210, 575.220, 575.230, 575.240, 575.350*, 575.353, 577.078, 577.703, 577.706, 578.008**, 578.305**, 578.310**, or 632.520;

(7) Any offense eligible for expungement under section 577.054** or 610.130;

(8) Any intoxication-related traffic or boating offense as defined in section 577.001, or any offense of operating an aircraft with an excessive blood alcohol content or while in an intoxicated condition;

(9) Any ordinance violation that is the substantial equivalent of any offense that is not eligible for expungement under this section; and

(10) Any violations of any state law or county or municipal ordinance regulating the operation of motor vehicles when committed by an individual who has been issued a commercial driver's license or is required to possess a commercial driver's license issued by this state or any other state.

To hear a radio interview with Matthew O'Connor regarding expungements interview (scroll to 26 minutes) https://www.npr.org/podcasts/381444537/up-to-date

What Crimes Does SB-588 Apply To?

There are certain requirements that must be met by the offender in order for his or her criminal record to be expunged, which we will highlight below. First it is important to know which criminal offenses will not be eligible for expungement. A criminal conviction will not be expunged from the record for:
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  • Class A felony offenses
  • Any offense that requires the offender to register as a sex offender
  • Any domestic assault conviction, whether a misdemeanor or felony
  • Any felony offense considered particularly dangerous such as robbery or assault
  • Any felony kidnapping or assault
  • Any crime in which death is an element of the offense

Other than the above, all other criminal convictions may be expunged if the individual has met these requirements:

  • There are no charges pending against the individual.
  • In the case of a misdemeanor, three years have passed since the individual successfully completed probation, parole, or sentencing; this time period is seven years for those convicted of a felony.
  • During this three or seven year time span the individual has not been convicted of any other criminal offense (misdemeanor or felony).
  • All obligations of a disposition (payment of fines, jail or prison term, probation or parole, etc.) have been satisfied by the individual.
  • The conduct and habits of the individual must show he or she is not a threat to public safety.

Up until January of 2018 a person could not have a criminal record expunged for 10 years for a misdemeanor, 20 years for a felony conviction.

It is important to note that under the new SB-588 an individual can only have a single felony conviction expunged over his or her lifetime.  For misdemeanors the limit is two expungements.  

This new law is great news for those who have been convicted of certain crimes and want to "wipe the slate clean" and begin on a positive path in life in terms of employment, reputation and more.  To learn whether you may be eligible to file an expungement petition contact Kansas City criminal defense attorney Matt O'Connor.

Matthew O'Connor, helping remove criminal records in Kansas City Missouri and Surrounding Areas

Contact Matthew O'Connor for a free case evaluation and consultation.  We can likely help clean your record with the new SB-588 Law that goes into effect on Jan 1st of 2018!