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