Missouri Petition For Expungement — Section 610.140RSMmo., is a legal process that provides individuals with the opportunity to petition the court to have criminal records cleared or sealed. This process is available for individuals who have been arrested, but not convicted, so that the arrest does not appear on their criminal record. There are two types of expungement petitions available in Missouri: Standard Expungement and Expungement of Misdemeanor and Non-Violent Felony Records. The Standard Expungement petition is available for individuals who have been arrested but not convicted, while the Expungement of Misdemeanor and Non-Violent Felony Records petition is available for individuals who have been convicted of certain types of misdemeanors or non-violent felonies. In order to be eligible for either of these expungement petitions, the individual must meet certain criteria, such as the length of time since the arrest or conviction, and must provide evidence to the court of their rehabilitation and good moral character.
Missouri Petition For Expungement - Section 610.140, Rsmo.
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The following offenses, violations, and infractions are not eligible to be expunged under this section: Any class A felony offense; Any dangerous felony as that term is defined in section 556.061; Any offense that requires registration as a sex offender; Any felony offense where death is an element of the offense;
It will take at least 30 days from the time of filing because Missouri Law allows all parties 30 days to respond to an expungement petition. The older the case, the more time it will take to get the court records necessary to start the expungement process.
Your arrest record may be eligible for expungement if you were arrested for and charged with a misdemeanor motor vehicle offense and the charges were dropped or you were found not guilty at trial. A driving offense is not eligible for expungement if: you were intoxicated.
Current Bill Summary A person may be granted expungement for no more than 3 felony offenses, no more than 5 misdemeanor offenses or ordinance violations, and any number of infractions. If a person has more than 3 felonies or 5 misdemeanors, then he or she shall not be eligible for expungement without petition.
New 2021 Missouri Expungement Law You now only have to wait three years for a felony offense and one year for a misdemeanor offense.
Felony offenses are the more serious criminal offenses and can be punished with more than one year in state prison and up to the death penalty. Most felony offenses cannot be expunged, and conviction for a felony comes with many other penalties attached.
Before someone can file for an expungement, the individual must have paid off his or her fine, completed his or her probation or parole, and have a three-year clean date to be eligible for a felony offense expungement or have a one-year wait to be eligible for a misdemeanor offense, municipal offense, or infraction
To expunge a crime, an individual must file a petition in the court in the county where the individual was charged or found guilty of any offenses, ing to §610.140 RSMo. Click here to download the expungement petition. There is a $250 charge when someone files an expungement petition.